Area of application 1.1 All of our services are subjected to the following sales conditions. Every deviation of alteration the clauses in question is invalid if it has not been done in writing and accepted by both parties. 1.2 The complete text of these sales conditions is part of our services. The customer is assumed to have taken note of it and to have accepted every clause, unless explicit contradictory. 1.3 The terms and conditions in question have priority to all other sales terms.
Quotation – estimate – to make an agreement 2.1 All our propositions, webpages, prices and divers information communicated to the customer, are not quotations and are only valid as information. 2.2 When a customer places an order, he commits to know and to respect the terms and conditions. 2.3 The duration of the quotation is specified on the quotation. A quotation not accepted in the set period, stops our commitment 2.4 Every change in the course of the execution has to be proposed in writing and has to be accepted. If this has a reduction of the agreement as consequence in that case, we are automatically owed a compensation of 10% of this reduction, in the name of loss of profit. 2.5 The documents, objects of our quotations, are strictly confidential; they can not be communicated or used. The calculations, designs, samples, models and drawings stay our exclusive property.
Price 3.1 Our prices are always made without VAT, except exceptions, the VAT is always at the expense of the customer. 3.2 On bigger damage arrangements there will be asked a success fee of 7%, this starting from a damage amount of € 5.000 excl. 21% VAT. 3.3 Except otherwise determined, are our prices based on the moment of the explicit order of the customer, of the purchase prices, the wages, the hotel or accommodations costs, the travel costs, public transportation, the social or public costs, the traffic costs, insurance costs and other costs. All extraordinary taxes, e.g. environment taxes, tourist tax or other costs like packaging costs, loading and unloading costs, are at the expense of the customer. 3.4 Unless the quotations provides another revision formula, the price will vary according to the following formula: p=P(0,40 s/S + 0,40 i/I+0,20), where p=adjusted amount, taken into account the fluctuations of the wages and social costs and insurances, and also the price fluctuations of the materials; P=price mentioned on the contract, s=average hourly wage at force during the claiming state regarding monthly period, increased with the by the Ministry of Traffic and Infrastructure accepted total percentage of the social costs and insurances on the same date; S=the average hourly wage at force 10 days before the quotation (or: which is determined before opening the registration notes), increased with the by the Ministry of Traffic and Infrastructure accepted total percentage of the social costs and insurances on the same date; I=index number regarding the calendar month before the date of opening the registration notes is determined.
Deadlines 4.1 The execution deadlines, determined in the agreement, will be extended: -if the services are delayed because of other departments or the client, owner or applicant; -if there are important changes in the duration made by the client; -if the payment conditions are not complied by the client; -if application of the new social or other legal provisions cause a delay in the service provision. 4.2 A delay of a few days in comparison to the deadline will not compromise our liability an will not lead to a reimbursement on our behalf. A delay can only lead to a reimbursement if this is expressively determined with the order and if the client actually has proven the suffered damage. In no case can the fine exceed one twentieth of the delayed amount. 4.3 Every delay, whatever the delay may be, whose origin lies with forces majeure , empowers us to suspend the execution of the agreement during the disturbed event. Are equalised with cases with force majeure: circumstances which are unforeseen by both parties and which make the execution of the agreement reasonable impossible for both parties e.g. strikes, delays by supplier, wars, fire, explosions, floods, atmospheric circumstances, natural disasters and events that influence transportation.
Execution of services 5.1 The services are executed on opening days and on hours foreseen by the social laws in effect. Overtime is calculated in accordance with the social legislation in force. 5.2 The client will, on own initiative, give us the necessary information both during the discussion and during the execution of the agreement regarding the technical context and precise needs of the company, the client or the problem which are necessary for the execution of the agreement.
Reservation of ownership 6.1 Every delivered service, document, product, appliance and device stays property of the company Fula bvba, and this until complete payment. The client vouches for damage to and alienation of our documents, products, appliances and devices.
Termination of agreement 7.1 The client is entitled to not give effect to a confirmed order. Every, before beginning the execution of the service, terminated order will have an amount equal to 30% of the total agreed price as consequence, as compensation for the made costs and the suffered disadvantage. 7.2 In case of termination during the execution of the service, every deposit will be held as lump sum compensation. 7.3 In case of termination or adjustment on our behalf, except for force majeure, the client will enjoy a compensation to the extent that he actually suffered damage.
Completion of the service 8.1 Unless otherwise agreed in writing, is agreed that if there are no registered remarks made to Fula bvba within 8 days of the delivery of the service, the service is to deemed as definitively accepted. The time of day will be equated to the only and definitive completion of the service. The Fula expert is an independent expert who draws up complete and independent reports to honour and conscience, according to available, provided and established measurements. These establishments and reports are strictly execution commitment and no result commitment. The content of a report is on principle not questionable.
Guarantee and liability 9.1 in no case can Fula bvba be liable for cases due to carelessness, inattention and incomplete provision of important information which is necessary to make correct observations. The concealment of decisive information can lead to damage to other, involved, parties. 9.2 Fula can be in no case be liable for every possible damage which, directly or indirectly, is a consequence of our service or a given advice. In every case is the amount of compensation whereto we can be held accountable for always limited to the value of the with the client or applicant made contract or agreement. 9.3. The guarantee is limited under certain conditions (see warranty conditions) to providing to missing service for free.
Complaints 10.1 Every complaint has to be reported within 8 days after the date of completion of the service by registered letter.
Invoicing and payments 11.1 Except for written and otherwise agreements, invoices are payable at the registered office at these manners: -10% at the beginning of the service; – according to the progress of the services in progress; – the settlement by the provisional acceptance or on the end of the service provision with reservation for the warranty. 11.2 All our invoices are payable within 8 days form the invoice date, except for expressive otherwise determination. A deficient or delayed payment of a part or the whole invoice leads directly to and without notice of default to: -a increasement of the owed amount of 1% per month as interests as arrears, without that this amount can be lower than € 25, – a compensation of 12% per year of the owed amount. 11.3 Every delay of a part or the whole payment of the invoice or of an interim invoice leads unavoidable to a provisional suspension of the remaining services until the payment of the invoice. 11.4 Every dispute or complaint regarding the invoice has to be formulated within 8 days after the invoice date. 11.5 All performance are payable before the expiration date mentioned on the invoice regardless of possible compensation by insurance companies or other jurisdictional institutions.
Applicable law – arbitrage – jurisdiction 12.1 The invalidity or ineffectiveness of one or more clauses do not lead to invalidity or ineffectiveness of the agreement. The parties commit to replace valid or ineffective clauses in good faith by others which, as far as possible, realise the same function. The Belgian law is in effect. Only the court of law of the judicial district of Hasselt are qualified.