Unless expressly agreed otherwise in writing, the agreements entered into by us are subject, solely and to the exclusion of any other, to the terms and conditions set forth below
Our quotations are valid for 7 calendar days, and we are bound by our offers only if the customer's acceptance reaches us within this period. Any disparities between the plans and documents in our possession, which were used for the quotation, and subsequent modifications or changes occurring after our company has sent the quotation to the customer will result in a price adjustment and settlement.
The price of the agreed works is invoiced in monthly installments as the works progress, with a first installment worth 30% of the price, unless otherwise agreed. VAT, other taxes and charges, and their modifications, are always at the customer's expense.Invoices are payable in cash, i.e. within 30 calendar days without deduction of amounts, unless otherwise stated. The checking and verification period of the statements of claim is an integral part of the payment period of 30 calendar days. In the absence of effective payment, interest on arrears, in accordance with the law on combating late payment in commercial transactions, as well as liquidated damages amounting to 10% of the total amount of the contract, with a minimum of 125 €, shall be due ipso jure and without notice. If the customer fails to meet the deadline for payment and/or makes deductions disproportionate to the work actually performed or still to be performed, our company reserves the right of suspension (ENAC) and the possibility of suspending the work. Our invoices are assigned and can only be paid in full discharge to BNP Paribas Fortis Factor nv, Steenweg op Tielen51, B-2300 Turnhout. Complaints must be reported within 5 days to the above address.
Any change in wages, social charges, the prices of materials or of their transportation will result in a price revision applied to the relevant invoicing of the work performed according to the revision formula: p = P x(0.40 x s/S + 0.40 x i/I + 0.20)
A surety bond will only be granted for works covered by the legal obligation to provide a surety bond, unless otherwise agreed. Works under €10,000 will not be eligible for surety bonds. Deposits will only be granted through the surety funds affiliated with our company. Deductions from our invoices will not be allowed.
Our company has endorsed a Civil Liability (BA) policy and an All Construction Site Risks (ABR) policy with The Federal Insurance Company. Should the client or builder have their own ABR policy, they are required to inform us. If necessary, the client's ABR insurer will intervene in the event of any damage. It's important to note that the obligations arising from Article 544 of the Civil Code are not transferable to our company.
Furthermore, our company has established an agreement with the credit insurance company Atradius. Commencement of the agreed-upon works is contingent upon Atradius providing sufficient credit for the foreseen amount of the agreement
The transfer of risks, as stipulated by Articles 1788 and 1789 of the Civil Code, occurs progressively with the execution of works or the delivery of materials, goods, or installations
All circumstances that were reasonably unforeseeable and unavoidable when the quotation was submitted, and which would make the performance of the contract financially or otherwise more onerous or difficult than normally foreseen, will be considered cases of imprecision. These circumstances give the subcontractor the right to request the revision or dissolution of the contract. In the event of an interruption of the works resulting from these circumstances, the execution period will be suspended automatically for the duration of the interruption, plus the time required to restart the site.
This imprecision situation shall apply in any case of an extraordinary increase in the price of materials (at least a 5% price increase). In such cases, the subcontractor has the right to adjust the price of materials or the option to terminate the contract if necessary.
Even after their incorporation, materials delivered under this agreement remain the property of our company, and the customer is considered the holder until the full price is paid. Our company retains the right to detach and repossess the materials without the customer's consent. This right expires, and ownership is transferred as soon as the customer has paid all debts to our company. In the event of customer default, our company reserves the right of revendication.
Complaints concerning deliveries and work must be communicated via registered letter within three days of receiving the goods or completing the work. Disputes related to invoicing must be raised by registered letter within eight days of the invoice date. After eight days, our invoices are deemed accepted in terms of both their amount and content.
If the customer cancels all or part of the agreed works, then, in accordance with Article 1794 of the Civil Code, the customer shall be liable to compensate our company for all expenses, labor, and potential gains from those works. This compensation shall be estimated at a flat rate of 20% of the works not carried out, without prejudice to our right to prove actual damages if they exceed this amount. Our company also reserves the right to consider the contract terminated by operation of law and without prior notice of default in case of bankruptcy or manifest insolvency of the customer.
We collect and process the personal data received from you for the purposes of contract performance, customer management, accounting, and direct marketing activities. The legal grounds for processing include the performance of the contract, fulfillment of legal and regulatory obligations, and/or legitimate interests. The data controller is Tectum Group. Personal data will only be disclosed to processors, recipients, and/or third parties as necessary within the framework of the aforementioned processing purposes.
The customer is responsible for the accuracy of the personal data provided and commits to complying with the General Data Protection Regulation concerning the individuals whose personal data they have transmitted to us, as well as any potential personal data received from us and our employees.
The customer acknowledges being adequately informed about the processing of their personal data and their rights to access, correct, delete, and object. For more information, please refer to our Privacy Policy available on our website www.tectumgroup.be.
The agreement is governed by Belgian law. In the event of a dispute concerning the validity, execution, or interpretation of this agreement, the competent courts shall be either the courts of the contractor's domicile/seat or the court of the judicial district of Limburg.
The special terms and conditions of sale and execution are integral components of the general conditions of sale. In the absence of these specifics, they can be obtained upon a simple request
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