General Conditions

1 - Offer validity period

Unless otherwise specified, our offers are only valid for a period of 30 calendar days. We are only bound by our offers if the client's acceptance reaches us within this period. Modifications made to our offers are only valid if they are accepted by us in writing.

2 - Payment

Unless otherwise agreed, the company price is invoiced in monthly installments, proportionally to its progress. VAT, other taxes and charges, and their modifications, are always at the expense of the co-contractor. Invoices are payable within 15 days of their dispatch, failing which the amounts due will bear, by right and without formal notice, interest at the rate of 8.5% per year, calculated pro rata to the number of days of payment delay. Similarly, amounts due not paid by the co-contractor at maturity are increased by right and without formal notice by a fixed compensation of 10% of the remaining amount due with a minimum of €125.

3 - Price revision

Even in case of absolute fixed price, any modification of wages, social charges, material prices or their transport, gives rise to a price revision to be operated during the invoicing concerned for work executed according to the following formula: p = P x (0.40 x s/S + 0.40 x i/I + 0.20) "P" is the amount of work performed and "p" this adjusted amount. "S" is the average hourly wage fixed by the joint commission, in force on the 10th day preceding the submission of the offer and increased by the global percentage of social charges and insurance admitted on that date by the SPF Economy; "s" is this hourly wage, recorded before the start of work that is the subject of the partial payment request, increased by the aforementioned percentage admitted during this period. "I" is the monthly index fixed by the Construction Materials Mercurial Commission, in force on the 10th day preceding the submission of the offer; "i" is this same index recorded before the start of work that is the subject of the partial payment request, increased by the aforementioned percentage admitted during this period.

4 - Unforeseen constraints

All circumstances reasonably unforeseeable at the time of submitting the offer and unavoidable, which would make the execution of the contract more difficult or more expensive on a financial or other level beyond normal expectations, will be considered as cases of force majeure. They give us grounds to request revision or termination of the contract. If these circumstances are likely to cause an interruption of work, the execution period is suspended by right for the duration of interruption, increased by the time necessary to restart the site.

5 - Modifications and additional work

Even in case of absolute fixed price, any modification or additional work ordered by the co-contractor as well as the determination of the related price, requires the prior agreement of both parties and can be proven by all legal means.

6 - Safety coordination

Unless otherwise mentioned, safety measures imposed by the safety coordinator and not known at the time of submitting our offer are not included in its price.

7 - Working days and execution period

Unless otherwise expressly agreed, our execution deadlines are set in working days. The following are not considered working days: Saturdays, Sundays and legal holidays, annual vacation and compensatory rest days as well as days during which work has, or would have, been made impossible for at least 4 hours due to atmospheric conditions or their consequences. Delays in the execution of work for which we would be solely responsible will give rise to the payment of fixed compensation up to €... per calendar day, with a maximum of 10% of the work price. This compensation is only due for the period following the formal notice addressed to us by registered letter by the project owner.

8 - Termination

If the project owner completely or partially renounces the agreed work, they are obliged, in accordance with art. 1794 C. civ., to compensate us for all our expenses, all our work and lost profit, valued at a fixed rate of 20% of the amount of unexecuted work, without prejudice to our right to prove our actual damage in the event that it would be higher.

9 - Personal data processing (GDPR)

We collect and process personal data received from you for contract execution, customer management, accounting and direct marketing activities. The legal bases are contract execution, compliance with legal and regulatory obligations and/or legitimate interest. The data processing controllers are: 1) The company Gilles Info for server data: S.P.R.L G-Info - Rue du Pont 57, 4340 Awans 2) The Belgian-Australian company StepInsight for Interface and website: European office: Rue Anatole France 109 1030 Schaerbeek Belgium These personal data will only be transmitted to processing personnel, recipients and/or third parties to the extent made essential for processing purposes, as mentioned above. The client is responsible for the accuracy of personal data they transmit to us, and undertakes to comply with the General Data Protection Regulation vis-à-vis persons whose personal data they have transmitted to us, as well as regarding any personal data they might receive from us and our collaborators. The client confirms that they have been sufficiently informed about the processing of their personal data and their rights regarding access, rectification, deletion and opposition. The Data Protection Notice of our suppliers responsible for data processing is available upon request.

10 - Disputes

In case of dispute concerning the validity, execution or interpretation of this contract, the courts of the entrepreneur's domicile/headquarters will have sole jurisdiction. Or if the client is a "consumer" within the meaning of article I. 1, 2° of the Economic Law Code, they will sue before the courts of the entrepreneur's domicile/headquarters, which have sole jurisdiction.