General terms and conditions of sale
1. All orders for supplies or work imply acceptance of these general terms and conditions of sale and of the special written conditions of the contract, excluding the general terms and conditions of sale of the co-contractor, even if the latter affirm their primacy. Waivers to these terms and conditions of sale are only valid when provided expressly in writing by the persons authorized to commit the company.
2. Estimates for studies and projects are free. Our offers are valid for one month from the date the estimate is issued, unless expressly stipulated otherwise. An order will not be considered definite until we have expressly accepted it in writing. No specifications, descriptive estimates or plans are enforceable on us if they do not include our express acceptance. We reserve the right to refuse to perform or continue work if we are required to use a product or specific process which we have not approved. We are not liable for any compensation or refunds whatsoever in this case.
3. Work completion and delivery deadlines are provided for information only. Completion and/or delivery delays cannot, under any circumstances or for any reason whatsoever, result in a breach of contract and/or result in any damages and interest or compensation.
4. We must be provided with access to worksites at our first request and consistently while work is in progress. Suspension of work and/or deliveries, for any reason whatsoever, releases us of all delivery obligations and authorizes us to enforce the contract or to reduce it to the portion which has not been performed or to extend it for a period equal to the interruption without being liable for any damages and interest or compensation whatsoever. In the event that the contract is terminated or reduced to the portion that was not completed, the cost of the work performed, supplies delivered, materials purchased and all outlays must be paid immediately together with a fixed and irreducible amount equivalent to 30% of the value of the work cancelled for damages and interest.
5. Our prices are set based on the price list, official rates, salaries and social contributions in effect on the day the contract is written. They will be revised taking into account the actual performance period and the price lists, rates, salaries and social contributions in effect at that time. Shipments and deliveries are always at the buyer’s risk, even when the sale is shipped free and when shipping and packaging costs are contractually at our expense. We decline all responsibility for accidents and/or delays occurring during transport. Prices do not include duties and taxes which are invoiced in addition. Estimate prices include all travel, transport and other costs required for the perfect execution of the contract, to the extent that the installations comply with the regulations in effect. Any work not included in the order (part of an additional order or required) will be billed on a time and materials basis or be part of a separate estimate. The time and materials hours will not include expenses and travel which will be billed in addition from staff departure from head office to their return.
6. With respect to supplies, our guarantee is limited to that of our suppliers. In any event, it is limited to the replacement of defective parts. Transport and labour are payable by the customer. With respect to our services, they are considered irrevocably accepted unless a claim is filed via certified letter within 48 hours of the completion of work. We provide a one-year guarantee for latent defects. We commit to carrying out all necessary repairs free of charge for which customers cannot claim any damages and interest or compensation. The guarantee does not cover normal wear and tear, modifications or service, improper use, unforeseeable accidents or coincidences. Work done by third parties or the customer releases us of all liability and guarantees. Damages and interest cannot be claimed under any circumstances.
7. In the event that the customer cancels their order or fails to take delivery and does not respond to a notice sent to them within eight (8) days, or refuses access to the worksite, for any reason whatsoever, we will be entitled to pursue performance of the contract or request legal termination. In this case, in addition to the right to recover all materials and immediately invoice all work done, which we are expressly entitled to do, compensation of 30% will be due for fixed and irreducible damages and interest. We will also be entitled to claim payment of the full prejudice if it exceeds the above fixed amount.
8. Delivered merchandise only becomes the customer’s property after payment of the invoice in full.
9. Unless there is an express stipulation to the contrary, work and materials will be payable as follows: 30% at order time or on the first day of work and the remainder as work progresses. Our invoices are payable for cash. Non-payment by the due date will result as of right, and without prior notice, in annual interest of 12% and an irreducible additional charge of 15%, and minimum €40, for fixed and irreducible damages and interest, without prejudice to our right to suspend all deliveries, suspend work in progress and proceed, without any notice whatsoever and according to our availability, with the removal of the merchandise delivered, the customer providing us, as of this moment, with the authority to proceed with the removal. Any use of drafts, cheques, money orders or payment in instalments will result in neither novation nor waiver of any of the stipulations contained in these terms and conditions of sale.
10.The courts and justices of the peace of Brussels will have sole jurisdiction in the event of a challenge or legal collection.