General terms and conditions
Article 1. Validity of these conditions
1. These conditions apply to all quotations and all agreements entered into by:
Company name: De Rioloog BV
Address: Wonewei 11
Postal code: 3360
Place of establishment: Lovenjoel
VAT no. Be 0776473518
hereinafter referred to as the contractor.
2. Under these conditions, the general terms and conditions of the contractor are understood.
3. An agreement means the agreement between the client and the contractor. The assignment also includes the undertaking of work.
4. Deviations from these conditions are only valid if agreed upon in writing. The contractor will not invoke these conditions in contracts with consumers if the conditions violate or undermine the consumer’s statutory rights.
Article 2. Offer
Quotations are only valid for the period stated. If no period is specified, the period is fourteen days.
Article 3. General terms and conditions of contracting parties and/or third parties
1. The contractor only accepts the applicability of the client’s general terms and conditions if expressly and in writing agreed upon.
2. However, the applicability of the client’s general terms and conditions does not affect the applicability of the contractor’s terms and conditions.
3. The client’s general terms and conditions apply only to the assignment for which they are intended.
Article 4. Obligations of the contractor
The contractor undertakes to carry out the work assigned in accordance with the provisions of the law and the agreement.
Article 5. Obligations of the client
1. The client ensures that the contractor can timely access:
A. the data and approvals required for the design of the work (such as permits, exemptions, and decisions, etc.), all as instructed by the contractor;
B. the site and/or space where the work must be carried out;
C. sufficient opportunity for the supply, storage, and/or removal of building materials, materials, and tools.
D. electricity and water.
2. The client is not entitled to compensation for the items mentioned in paragraph 1 unless otherwise agreed upon when entering into the agreement.
3. If the requirements in paragraph 1 are not met, the client is liable for all consequences if this is not done or not done on time. This also implies if materials to be supplied by the client or parts of the work to be carried out are not provided, incomplete, or defective. The contractor is in no case in default because he cannot cause the reason for the actual work. He also charges significant delay costs to the client.
Article 6. Prices
1. The estimated prices provided by the contractor in quotations are exclusive of VAT and are based on the cost-determining factors at that time.
2. Interim changes in material prices that arise more than three months after the conclusion of the agreement may be passed on to the client by the contractor.
Article 7. Additional and reduced work
1. The work includes only the work described in the quotation. The costs of additional work are entirely borne by the client.
2. Additional work includes, on the one hand, additional work for which the client has additional requirements for the work previously offered. Moreover, additional work arises because it becomes clear during the execution that more unforeseen work must be carried out than is implicit to make the offered work impossible.
3. Additional work is settled based on hours worked and materials used.
Article 8. Suspend and withdraw
1. If the client temporarily suspends or completely withdraws the execution due to a cause not attributable to the contractor, the contractor is entitled to compensation for his damages.
2. The damages to be compensated include the price improved for the entire work minus the savings resulting for the contractor from the termination.
3. A party obliged to the first obligation is confirmed to suspend the performance of its performance if there is a well-founded fear that the other party will not or not timely fulfill its obligations.
4. The feared default must be serious enough to justify the suspension.
Article 9. Delivery of work
1. When the completed work is finished, the contractor informs the client that the work is ready for delivery.
2. The contractor must inspect the work within 8 days after the notification mentioned in paragraph 1. After the formulation, the work is delivered. If the client does not inspect the work within 8 days, he is deemed to have tacitly accepted the work.
Article 10. Repair of defects
1. Detected defects must be reported in writing and signed to the contractor within 3 days of the described inspection.
2. Defects that were not removable during the inspection described above must be reported in writing by the client to the contractor within 8 days after observing these defects.
3. The contractor examines the deficiencies and determines whether he is liable for them. The contractor is, among other things, not responsible for defects that result from the non, untimely, or incomplete provision of information to the contractor, which the client is obliged to provide.
4. The contractor has the right to carry out the repair himself for defects for which he is liable.
5. If the client does not comply with the manner described in paragraphs 1 and 2 for reporting deficiencies, his right to claim repair by the contractor lapses. Nor can he recover the costs of repair by third parties from the contractor.
Article 11. Liability for the subsoil materials of the client
1. The client is liable for damage caused by materials, tools, or the processed subsoil provided or prescribed by or on behalf of him.
2. If the client wishes certain materials or parts to be supplied by specifically named suppliers, the contractor will not be held responsible beyond the warranty period than the manufacturer or supplier of these parts or materials is willing to accept for the contractor.
Article 12. Liability
The contractor is not obliged to compensate business and/or consequential damage suffered by a client, not being a consumer, for an amount higher than the amount for which his professional liability insurance offers coverage in the impossible case.
Article 13. Payment
1. Payment must be made within 14 days after the invoice has been sent.
2. If the payment of the invoice is not received within the agreed period, the contractor is entitled to calculate the statutory interest to the client, calculated from the day of dispatch of the invoice.
3. After proper notice of default, the contractor is entitled to claim all costs, in addition to the principal sum and interest, both judicial and extrajudicial, caused by non-payment, including the costs of lawyer, solicitor, agent, bailiff, and collection agency.
4. The claim for payment is immediately due and payable when the client is in default, or one of the parties has terminated the agreement.
Article 14. Dissolution
• If one of the parties fails to comply after this party has been notified of default by the other party, the latter is entitled to dissolve the agreement.
The right to dissolution exists in any case if the other party:
• fails in bankruptcy
• suspension of payments of debt restructuring application
• is applied for its administration, when any attachment is imposed on the goods and/or attachment of the client
• in case of death or liquidation or dissolution of the company of the client.
Article 15. Retention of title
The contractor reserves ownership of delivered goods until the client has fully complied with his (payment) obligations.
Article 16. Competent court and applicable law
Any dispute relating to the conclusion, validity, interpretation of the performance of this agreement or subsequent agreements, including any other matters related or connected thereto, whether legal or factual, shall be subject exclusively to the exclusive jurisdiction of the courts of the district of Leuven (Belgium). Only Belgian law applies.
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Wonewei 11 - 3360 Bierbeek