Terms and Conditions

Article 1 – Application:

 

These general terms and conditions apply to all quotations from and agreements with VERFWERK BV, unless otherwise agreed in writing and accepted by all co-contractors. These general terms and conditions are deemed to have been expressly accepted by the co-contractor / customer even if they conflict with the general or special terms and conditions of the co-contractor / customer.

 

Article 2 – Quotations and orders:

 

Our quotation prices are exclusive of VAT, unless expressly stated otherwise. Our quotes remain valid for 1 month. There is only a binding agreement after an oral or written commitment by the client and when it has been expressly accepted by VERFWERK BV. If the client breaks or cancels the agreement for any reason, he is liable for fixed compensation equal to 30% of the amount of the quotation / agreement in addition to the compensation for the work, deliveries or purchases already carried out under the agreement. If the ordered quantities turn out to be smaller during the execution of the work, a compensation of 30% of the quotation amount not executed is due. The quotation price does not include retouching for damage not caused by the painter, such as damage by third parties, moving, tears or cracks due to the construction of the building, moisture damage, and the like.

 

Article 3 – Execution periods:

 

The execution times stated in the quotations are not binding, but only informative. Unless otherwise agreed, delays in the execution of the works can in no way justify termination/termination of the agreement, any compensation or interest or the refusal to pay the agreed price in full. VERFWERK BV reserves the right to suspend the execution of the works or to regard the agreement as broken in the event of non-payment or partial payment of the outstanding invoices. If a date for the start of the work has been agreed, the customer must notify VERFWERK BV at least 5 working days in advance if it cannot be started due to unforeseen circumstances and must be postponed at a later date. Failing this, the customer owes a compensation of 10% of the agreed price.

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Article 4 – Execution: 

 

The places where work has to be done must be easily accessible. For all (additional) work that is not provided for in the quotation / agreement, a cost price will be charged (currently 48.50 Euro/hour), plus the cost price of the materials used. Waiting times or other costs arising from circumstances beyond the responsibility of VERFWERK BV will also be charged at the cost-plus rate. The customer ensures that the site is freely accessible, which means that it is not locked or that a key is made available. The customer always makes electricity, water and sanitary facilities available to VERFWERK BV, as well as a locked space where the materials and equipment can be safely stored.

 

Article 5 – Acceptance, visible and invisible defects:

 

No specifications, descriptive specifications or plans are enforceable unless expressly accepted by VERFWERK BV. Any complaint must be submitted within 8 days after completion of the works by registered letter. After this period has expired, the works are considered accepted. If certain defects in the areas in which work is to be carried out were not identified during the quotation phase and which become apparent during or after the execution of the work, VERFWERK BV cannot be held responsible for this. Any additional work in this context will be charged at a cost-plus rate plus a compensation for the products used. VERFWERK BV bears no responsibility for damage resulting from rising damp.

 

Article 6 – Risk:

 

Verfwerk BV bears no responsibility if, during the execution of the work, other contractors or third parties entering the site cause damage to the work carried out by VERFWERK BV. The repair of this damage will also be charged at a cost-plus rate, plus the reimbursement for the products used and expenses. VERFWERK BV retains the right of ownership of the delivered or installed goods until the price has been paid in full by the client. On the other hand, the client bears the risk for loss, damage or destruction of the goods. The client is responsible for properly closing and monitoring the site. Products and tools delivered to the site are considered to have been received and accepted by the client. The premiums for any insurance against theft or damage to the goods and equipment delivered to the site are borne by the client.

 

Article 7 – Liability:

 

The liability of VERFWERK BV is limited to compensation for damage due to incorrect execution of the main obligation of the agreement. VERFWERK BV is therefore not liable for indirect damage. Any damage must be notified to VERFWERK BV by registered letter within 8 days of its occurrence. VERFWERK BV can only be held liable and obliged to pay compensation for damage caused by it or its products up to a maximum of the insured amounts in accordance with the BA exploitation policies for property damage and physical damage.

 

Article 8 – Payments:

 

When concluding the agreement, an advance of 30% of the agreed contract price must be paid. The balance of 70% will be invoiced according to the progress of the works. The invoices are payable in cash, unless stated otherwise on the invoice. If payment is not made on time, late payment interest of 12% per year is due automatically and without notice of default. Compensation is also due of 10% of the invoice amount with a minimum of 250 Euro. Finally, a fixed amount of 40 euros in collection costs is due in accordance with art. 6 of the law of 2 August 2002 on combating late payment in commercial transactions.

 

Article 9 – Applicable law and competent court:

 

In the event of a dispute, only Belgian law applies and the courts of the judicial district of Bruges have exclusive jurisdiction.