Terms and Conditions

These Terms and Conditions (“Terms”) govern the provision of services by Ambroosius OÜ (“Contractor”). They apply to all contracts concluded between the Contractor and the customer (“Customer”), unless otherwise agreed in writing. These Terms are governed by Estonian law, in particular the Law of Obligations Act (Võlaõigusseadus, “VÕS”).

1. The Contractor

Ambroosius OÜ
Registry code: 11321173
Address: Pärnu maakond, Tori vald, Sindi linn, Põllu tn 26, 86705
Email: info@ambroosius.ee
Phone: +372 5341 4299

2. Services

The Contractor provides general construction work, excavation and digger work, operation and rental of earth-moving machinery, tipper truck services, plumbing, water and sewerage works (external utility lines and internal installations), preparation of house and warehouse foundations and related groundwork, groundwork for utility infrastructure (cables, water mains, sewers and similar), landscaping, sale of sand, gravel and other aggregate materials, planning and installation of sanitary networks, and snow ploughing.

The work to be carried out for each job is described in the relevant quote or contract.

3. Quotes and contract formation

The validity period of each quote is stated in the quote itself or agreed in writing between the parties. Where no validity period is stated or agreed, the quote may be accepted within a reasonable time considering the circumstances of the work.

 

Inquiries and quote requests sent by email may occasionally fail to reach the Contractor due to spam filtering, technical issues or human oversight. If a Customer or potential Customer does not receive a response to an email inquiry within a reasonable time, they are advised to follow up by phone at +372 5341 4299. The Contractor accepts no responsibility for inquiries it has not actually received, including those not delivered due to spam filters, technical errors, or security measures related to suspected malware.

 

A contract is formed when the Customer accepts the quote in writing (including by email) or when work begins on the basis of the quote with the Customer's agreement.

 

If the Customer is a Consumer (a natural person acting outside their economic or professional activity, as defined in VÕS §34) and the contract is concluded outside the Contractor's business premises (for example at the Customer's home or work site) or by means of distance communication only, the Consumer has the right to withdraw from the contract within 14 days without giving a reason, in accordance with VÕS §49 and §56. If the Consumer expressly requests that work begin within the 14-day withdrawal period and later withdraws, the Consumer must compensate the Contractor for the work already performed in proportion to the agreed price.

4. Price and payment

The price is set out in the quote or invoice. Where the Contractor is registered for VAT, applicable VAT is added.

 

Payment terms — including amounts, deposits, due dates and any milestone payments — are agreed in the contract or in the accepted quote. By accepting the quote or signing the contract, the Customer agrees to those payment terms. Each invoice implements the payment terms already agreed; where there is any difference, the terms agreed in the contract or accepted quote prevail.

 

For most jobs, payment is structured as a deposit before work begins (covering materials and mobilisation), with the balance payable on completion. The deposit is non-refundable to the extent it has been applied to site-specific materials, third-party costs or work already performed.

 

The Customer pays each invoice by the due date stated on it. If the Customer wishes to dispute any amount on an invoice, the dispute must be communicated to the Contractor in writing without undue delay; the Customer must in any case pay any portion of the invoice that is not disputed.

 

If the Customer does not pay by the due date, the Contractor may:

• charge late payment interest at the statutory rate set out in VÕS §113;

• recover reasonable debt-collection costs, including costs of inkassoteenused (debt collection services), under VÕS §113¹ (business Customers) or §113² (Consumers);

• suspend further work until the outstanding amount is paid in full;

• after issuing a written reminder setting a reasonable additional period for payment that the Customer fails to meet, withdraw from or terminate the contract in accordance with VÕS §116 and claim payment for work already performed plus damages caused by the Customer's default.

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5. Timeline and Customer cooperation

Agreed timelines are estimates and depend on weather, ground conditions, the Customer’s cooperation, as well as timely availability of materials and other external factors.

Delays may also occur if materials ordered are unreasonably delayed due to third-party force majeure events, logistical errors, or other circumstances that reasonably prevent timely delivery, or if the work is delayed because materials to be supplied by the Customer are not provided on time or in sufficient quantity.

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The Customer is responsible for:

• providing safe and lawful access to the work site;

• supplying accurate and complete information about the site, including the location of all buried utilities (water, sewerage, electricity, gas, telecommunications and any private installations) and obtaining their marking from the relevant network operators where applicable;

• obtaining any permits, approvals or coordination required from public authorities, the local municipality, road owners or neighbours;

• ensuring access to electricity and water at the site if reasonably required for the work.

 

If the Customer fails to fulfil these obligations and this delays the work or causes additional costs, the Contractor may charge for the additional time and resources at standard rates.

6. Unforeseen ground conditions

Excavation and earthwork involve inherent uncertainty about ground conditions.

 

If, during the work, the Contractor encounters circumstances that could not reasonably be foreseen on the basis of the agreed scope and the information provided by the Customer — including bedrock, groundwater, contaminated soil, buried obstacles, undisclosed utilities or non-standard backfill — the Contractor will inform the Customer promptly.

 

Any additional work, materials, time, or costs will be agreed with the Customer in writing (including by email) before being carried out and invoiced, or confirmed on site in person where immediate action is necessary and prior written confirmation is not reasonably possible.

 

If the Customer does not approve the additional work, either party may terminate the contract for the affected scope. In that case, the Contractor is entitled to payment for work already performed and reasonable costs already incurred.

7. Cancellation by the Customer

This section does not affect a Consumer's statutory withdrawal right under section 3.

 

If the Customer cancels a confirmed and scheduled job without justified cause:

• where the cancellation reaches the Contractor more than 48 hours before the agreed start time, no cancellation fee is due, but any deposit already used for site-specific materials or third-party costs is non-refundable to the extent of those costs;

• where the cancellation reaches the Contractor within 48 hours of the agreed start time, or after work has begun, the Customer pays for work already performed, materials already procured for the job, and reasonable mobilisation costs.

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8. Warranty and complaints

 

8.1 Quality of Work and Rectification of Defects

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The Contractor performs the services in accordance with generally accepted standards of workmanship in the trade.

The Customer must inspect the work upon completion and notify the Contractor of any defects without undue delay, and in any event within a reasonable time of discovering the defect.

 

The Contractor will remedy any justified defect at its own cost within a reasonable time. Where remedy is impossible or disproportionate, the Customer may use the other remedies provided by VÕS.

 

8.2 Consumer rights

The Consumer's statutory rights under VÕS — including the right to require performance, withdraw from the contract, reduce the price or claim damages — are not limited or excluded by these Terms.

 

8.3 Warranty exclusions

The warranty does not cover defects or damage caused by:

 

• the Customer's own actions, neglect or modifications during or after completion;

• by normal wear and tear, settlement or weather effects beyond the Contractor's control;

• by materials supplied by the Customer;

• or by any damage to the property or works occurring after completion where adequate security measures have not been maintained, including protection against vandalism, third-party interference, or animals.

9. Liability and insurance

9.1 Liability

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The Contractor is liable for damage caused by breach of its contractual obligations, in accordance with VÕS.

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The Contractor's total liability under any single contract is limited to the price of that contract.

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The Contractor is not liable to business Customers for indirect or consequential losses, including lost profit.

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The limitations in this section do not apply to liability for intent or gross negligence (in accordance with VÕS §106) or to any liability that under mandatory law cannot be limited or excluded.

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9.2 Insurance

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The Contractor maintains liability insurance covering materials used and works performed under specifically agreed contracts.

 

The exact scope of cover is determined by each individual contract and the underlying insurance policy.

10. Force majeure

Neither party is liable for failure to perform a contractual obligation if performance is prevented by an event beyond the party's reasonable control within the meaning of VÕS §103 — including severe weather, natural disaster, war, official restrictions or strikes. The affected party will inform the other party of the event and its expected effect on performance without undue delay.

11. Dispute resolution

The parties will first attempt to resolve any dispute through direct negotiation.
A Consumer who has a complaint about a service must first send the complaint to the Contractor at info@ambroosius.ee. The Contractor will respond within 15 days. If the parties do not reach agreement, a Consumer may refer the dispute to the Consumer Disputes Committee at the Estonian Consumer Protection and Technical Regulatory Authority (Tarbijavaidluste komisjon, Tarbijakaitse ja Tehnilise Järelevalve Amet, TTJA):

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Address: Endla 10a, 10122 Tallinn
Website: www.ttja.ee
Online filing: ttja.ee/avalduse-esitamine

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If a dispute is not resolved through negotiation or the Consumer Disputes Committee, it will be settled by Pärnu Maakohus.

12. Governing law

These Terms and any contract incorporating them are governed by the law of the Republic of Estonia.

13. Amendments

The Contractor may update these Terms from time to time. The version applicable to a contract is the version published on ambroosius.ee at the time the contract is concluded. The current version is always available on the website.