1. Our general terms and conditions apply to all contracts entered into, unless expressly stipulated otherwise and to the exclusion of the terms and conditions of the co-contractor, hereinafter referred to as client. The general terms and conditions form an integral part of the contracts, they take precedence over the general terms and conditions from any specifications and/or specifications used as a basis for the contracting and can only be deviated from in writing. The general terms and conditions are transmitted to the customer with each offer and are available on our site www.Bomuur.be.

2. Our offers are only binding when signed by the manager or his appointee and remain valid for 1 month. The customer confirms that he is authorised to make commitments in relation to this agreement. Within 7 working days from the day following the signing of the price offer, the customer has the right to withdraw from the purchase at no cost. Provided he notifies the seller by registered mail within this period. Any objection whereby the customer wishes to evade this right shall be null and void. If the VAT rate is changed before the invoicing of the balance of the price, the price of the works yet to be invoiced shall be adjusted accordingly, even if a price including VAT was agreed. Notwithstanding Art. 1793 of the Civil Code, additional works may be proved by all means of law.

3. All studies, plans, documents, sketches, drawings, samples and designs remain our property, protected by intellectual rights. When handed over to the customer, they may not be misused either by the customer or by third parties. The customer is liable for any misuse and the contractor reserves the right to claim damages. This shall be at least 10% of the contract sum. On the first request, the aforementioned documents must be returned.

4. The finished walls will be measured to floor level. All openings will be deducted for the price calculation, if the day edges of openings are plastered out, a forfetary amount will be charged per running metre and the area of the opening in question will be deducted from the measurement. Any additional work not mentioned in the quotation and subsequently carried out at the customer's request is not included. For these additional works, a new quotation will be made at agreed prices or under direction under the applicable conditions of the initial price quotation.

Are not included in the works:
All necessary permits and other town planning or municipal administrative approvals and obligations shall be borne by the customer who shall be liable for them. Repairs and repairs of faults and damage caused by third parties or by the client. The filling and finishing of the walls after installation of window sills by third parties. The site must be made normally accessible by the client at his expense to allow normal execution of the works. The areas to be treated by us must be completely clear to within 1.5m, the surface sufficiently paved and level for the installation of scaffolding. Shrubs and tree growth must be removed or trimmed short. If we are not called upon to do this, the client must ensure that the necessary provisions are in place on all roof connections, window sills and rain drains before we can start work. Rainwater should not drip anywhere on the finished façade...The disconnection and refitting of objects against the façade such as downspouts, letterboxes, house numbers, doorbell, camera/intercom, iron bolts, hooks, rings, parasols, alarms, washing lines, electrical wires, lamps, awnings etc.... are not included and will be carried out on a directional basis on request unless specifically mentioned in this quotation.

5. Provisions imposed by the security coordinator and not known at the time of submitting the quotation are not included in our quotation unless otherwise stated. These provisions will be charged to the customer.

6. Provisions imposed by the client that were not known at the time of submission of the quotation are not included in our quotation. These provisions will be charged to the client. The order can only be executed if the contractor has the necessary information in good time, including studies, plans, documents, sketches, drawings, samples and designs, etc.. This information must be provided to the contractor in good time so that he has sufficient time to prepare the work properly. Failing this, the contractor cannot be held liable for delays or exceeding the deadline.

7. The execution period will be suspended due to unforeseen circumstances/unforeseen circumstances beyond the contractor's control without any compensation being due, if the customer is notified of this within 14 days of the occurrence and at the latest on the scheduled execution date. The contractor shall decide when he can restart the works, without any compensation being due for delay

8. The goods are brought to the yard at the contractor's risk. The customer must ensure that on arrival the goods can be delivered to the yard immediately and stored in a safe manner. Useless relocation costs and excessive waiting times (more than 15 minutes) will be charged in direction. After execution of the works, the risk passes to the customer.

9. Unused goods remain the property of the contractor as long as the invoice relating to these goods has not been paid.

10. Water and electricity are free of charge, in sufficient quantity and close to the works to be provided by the customer. Electricity must be at least 220V-20 A. If electricity and water are not provided, additional costs will be charged.

11. The site must be made accessible by the client to allow normal execution of the works. Useless relocation costs and excessive waiting times (more than 15 minutes) will be charged in direction.

12. The execution of the works should be done according to the rules of good workmanship. These are specified in the actual contract or in the specifications or, failing this, in the technical regulations of the WTCB. The client accepts these rules of execution.

13. The statutory,mandatory sanitary facilities for our workers on site must be provided by the client. If these are not provided, the necessary additional costs will be charged.

14. Unless stipulated otherwise in writing, it is agreed that if no comments about execution problems are sent to the contractor by registered mail within 8 calendar days after the execution, the contract is deemed to have been definitively accepted. This time is then also equated with the sole and final acceptance.

15. The liability with regard to the products delivered and used is limited to the guarantees provided by the manufacturer.

16. Visible defects or defects in conformity existing at the end of the execution must be reported to the contractor by registered letter within 8 calendar days.

17. Slight differences in the colour or texture of the final finish, insofar as these are unavoidable from a technical point of view or are generally accepted or inherent to the materials used, are not regarded as non-conformity.
We refer herewith to the technical regulations of TVN 257.

18.For defects affecting the sturdiness of the building, a guarantee under Articles 1792 and 2270 of the Civil Code shall be granted for a period of ten years starting from the delivery as stipulated in Article 14 or from the provisional delivery if provided.

19. Conventionally, it is stipulated that the short period referred to in article 1648 of the Civil Code or the short period regarding minor hidden defects is one month from the date of delivery or discovery and that any claim for indemnity lapses in the event of processing, modification or repair by the customer or by third parties, resale of the delivered goods, misuse or inadequate maintenance. Our warranty never exceeds the warranty offered by our suppliers/manufacturers and is limited to the value of the goods, excluding indirect or incidental damages. Claims of indemnity due to hidden defects cannot be invoked by the customer to defer or suspend his payment obligations.
Our warranty commitment is personal towards the customer. Consequently, if the customer transfers the delivered goods and services to third parties, these third parties cannot invoke the warranty directly against us. The contractual liability is limited to the amounts to which it is insured per claim.

20. The contractor is not responsible for damage or liability in the following cases:
In demolition works, we are not responsible for damage to non-visible pipes, tubes, etc. placed in the walls. No guarantee is given on repairs carried out.
Edge finishes (joinery, window sills, drains, pipes, etc.) are protected with the highest quality tape and the greatest care. However, we cannot avoid the loosening of poorly adhesive layers of paint when this screening is removed and are not responsible for any damage to the edge finishes when the tape is removed. Any repair of this, is not part of our contracting, unless otherwise stated in the quotation. It is advisable to defer any painting work until after the plastering has been carried out. Any differences in colour and texture of these repairs are not considered a defect in conformity since they cannot be avoided. For cracks or tears or loosening of plaster caused by "knocking" or "cutting" or other work carried out by third parties during or after finishing. Cracks arising where 2 different materials touch (e.g. tangents between stone walls and wooden walls and ceilings; tangents between concrete beams and walls and ceilings). If the necessary reservations were respected for the prescribed method and choice of materials. The perpendicularity, straightness and flatness of the work can only be guaranteed if the substrate meets the same conditions, or at least allows the desired result to be achieved with a maximum mortar/glue thickness of 1.5 cm. If this is not the case, the contractor is hereby released completely from any responsibility regarding the squareness, straightness and flatness of the facade walls. If the dimensions used in the quotation are based on an existing specification of the owner and/or architect, they will only be considered on an informative basis. We will always carry out our own personal, definitive measurements and check the dimensions once the work has been completed. For defects in raw materials, materials and products of a certain quality, origin or type and their processing, imposed by the client whereby the contractor has formulated reservations. For defects and damage caused by the user or successive contractors of the building after delivery. For damage to movable and immovable property adjacent to the building site that is the inevitable consequence of the execution of the work and that cannot be attributed to a fault of the contractor. He is therefore not liable for faultless neighbour nuisance. The principal shall be liable to third parties for such damage and shall have no recourse against the contractor.

21. If the execution period is suspended or interrupted by the client or his appointees or by third parties working on the client's instructions, the client shall owe compensation equal to the work already carried out and the materials already purchased for the site concerned plus compensation of 10% of the agreed contract price. In any case, a minimum compensation for loss of profit and expenses of 10% on the agreed contract price will always be due.

22. If an invoice is not paid on time, the contractor reserves the right to interrupt the execution of the work still to be carried out until the invoice is paid, without any compensation being payable by the contractor. The contractor shall decide when he can restart the work, without any compensation being due for delay. If the contractor suffers damage (both direct and indirect) as a result of this suspension, the customer will have to compensate him. If necessary, the contractor may cancel the balance of the work still to be carried out. In this case, the compensation shall be due as stipulated in 21.

23. If the invoices are not paid on time, interest equal to 12% per year shall be due ipso jure and without any prior notice of default. In addition, a fixed compensation for non-judicial collection costs of 15% of the outstanding amount, with a minimum of EUR 150, shall also be due by operation of law and without any prior notice of default, pursuant to articles 1152 and 1229 of the Belgian Civil Code. As long as the delivered goods have not been paid for, they remain the property of the seller. Notwithstanding art. 1583 of the Civil Code, the right of ownership over the sold goods shall only be transferred to the buyer after full payment of the contract price. Expenses associated with unpaid bills of exchange or other means of payment shall be charged to the buyer separately.

24. In the event of late payment of an invoice, all other claims against the customer that have not yet fallen due shall become due by operation of law and without prior notice of default.After notice of default, the contractor may dissolve the agreement by registered letter.

25. Except as expressly provided for in these general terms and conditions, the customer, for his part, shall otherwise have no right to claim ordinary compensation. For late execution, a fixed compensation of 5 euro per day with a maximum of 5% of the contract price is provided for if a written penalty clause was agreed in the offer.

26. Damage caused to the client by our company or an appointee must be reported in writing within 8 calendar days with a clear description and estimate. Such damage is no reason for non-payment of the invoice. Set-off against the amount of the invoice is excluded.

27. Unless otherwise stated on the invoice, our invoices are payable in cash, without discount, at our business address.

28. All our invoices are deemed accepted if they are not disputed by registered letter within 8 calendar days of receipt.
We work with 1 advance, 2 interim and a final invoice.
1st invoice (advance payment), payable within 14 days of the signing of the offer. (15% of the offer price excluding VAT)
2nd invoice (interim), to be paid at the start of your project. (35% of the offer price excl. VAT)
3rd invoice (interim), payable when the preparatory work is done, i.e. before we proceed to install the finishing layers. (40% of the quotation price excl. VAT)
4th invoice (final), payable after the completion of your project. (10% of the offer price excluding VAT)
Additional work will be included in an additional quotation by mutual agreement and will be added to the final invoice.

29. General Data Protection Regulation (AVG) - privacy policy:
For the purpose of executing this agreement, our customer management, our accounting and the general management of our company, we collect the personal data we obtain from you. You can obtain more info on this at any time via our privacy policy which can be viewed on our site www.bomuur.be or requested by emailing info@bomuur.be.

30. Any dispute relating to the conclusion, validity, interpretation or execution of this agreement and the agreements derived from it shall fall within the exclusive jurisdiction of the courts of the district of our company's registered address.

31. All our agreements are governed by Belgian law.