General terms and conditions
Price quotes always have a limited validity of 3 months.
The scheduling of delivery and execution can only take place after payment of the advance and after signing and returning all necessary documents. Any specified delivery date is approximate. Exceeding it cannot give rise to rescission of the contract or to any compensation.
Hydroplan does not bear any responsibility for administrative authorizations, which may be necessary for orders If the permit is not obtained in time or not at all, Hydroplan has the right to terminate the contract. In such a case, the customer shall be liable for damages, which shall be set at a flat rate of 20% of the contract price. In the event of a delay of more than 3 months, the customer will owe liquidated damages of 10 %.
The client shall ensure that the site is accessible and free. Failing this, Hydroplan shall be entitled to terminate the contract and the customer shall owe liquidated damages of 20 % of the contract price. The customer shall also ensure the free availability of water and electricity. Necessary leveling of the site and damming up are entirely the responsibility of the customer.
The client shall report all installations, utilities and other facilities, if any, which may be located in the subsurface of the site. Hydroplan shall not be held liable for any actual and consequential damage to pipes, materials or installations caused by works of Hydroplan or its subcontractors, which have not been adequately marked in advance on site, nor mentioned in advance on plan or not discussed with the executors of the works at the start of the works.
All materials supplied shall remain the property of Hydroplan until paid for in full. The customer shall be liable for damage to a and alienation of these goods, as well as for Hydroplan’s materials and tools, from delivery to the site.
Disputes regarding delivery, performance or invoicing must be made within eight calendar days. Hydroplan shall not be liable for any visible defects thereafter. Hidden defects, which are not covered by the specific legal guarantee rules of Article 1792 of the Civil Code, must be invoked at the latest within one month of execution.
Commissioning is irrevocably considered final approval of the order and total acceptance thereof. After acceptance of the work, Hydroplan shall bear only the guarantees expressly given. Hydroplan’s liability shall at all times be limited to the total amount of invoices or of the contract price.
Notwithstanding the Civil Code, additional works shall be deemed accepted by the customer if he has not refused the price quotation for them within 10 days. Additional works will be subject to the price revision formula below :
p=P(0,4 s + 0,4 i+ 0,2)
_ _
S I
p = adjusted price on billing
P = price stated on contract
s = average hourly wage while working
S = average hourly wage on date of contract
i = index of materials for works
I = index of materials on date of contract
If, after confirmation, the customer still refuses the order, voids the contract or its execution cannot proceed for any reason, the customer must pay a compensation of 20% of the total amount of the contract. If the non-performance of the contract is due to Hydroplan, it shall owe the customer similar compensation.
All invoices are payable in cash, on the date of invoice, unless otherwise agreed. In the event of non-payment on the due date, the customer shall automatically and without further notice be liable for interest at a rate of 5%, to be increased by the European Central Bank’s reference index. Moreover, two months after the due date, in case of non-payment, an additional and automatic compensation of 10% on the total price, with a minimum of 100 euros is due without the necessity of a notice of default.
The possible nullity of one clause of these general terms and conditions shall not affect the validity of the others.
Only the Vredegerecht in Brasschaat and the Courts of First Instance or of Commerce in Antwerp are competent to settle any disputes and claims. For all other matters, which are not regulated in these terms and conditions, Belgian law shall apply.