General terms and conditions

Article 1: Application of these conditions

1.1 These terms and conditions form part of every agreement that the client concludes with BV KPS.

1.2 The client's general terms and conditions shall only apply if it has been agreed in writing that they shall apply to the agreement to the exclusion of the general terms and conditions of BV KPS.

1.3 If any of the general terms and conditions of BV KPS are null and void or are annulled, the remaining general terms and conditions will remain fully in force.

Article 2: Quotation – order

2.1 Unless otherwise agreed, the validity period of the quotation from BV KPS is one month.

2.2 An agreement will only be concluded when BV KPS accepts an order from the client in writing.

2.3 Any order that has not been the subject of a written quotation from BV KPS is only binding if confirmed in writing by BV KPS.

2.4 Every order by the client signifies the client's acceptance of the general terms and conditions of BV KPS.

2.5 Calculations and images are and remain the property of BV KPS and may not be communicated to third parties without the written permission of BV KPS.

2.6 Any amendment to the initial agreement will only be valid if it has been agreed in writing between the parties.

Article 3: Additional work

If BV KPS has carried out additional work at the request of or with the prior consent of the client that falls outside the quotation, BV KPS will charge the client for this work additionally at BV KPS's usual rates.

Article 4: Cancellation

If the client terminates or cancels the agreement or if the agreement cannot be performed due to the client's actions, the client owes BV KPS compensation amounting to 20% of the total amount of the order.

Article 5: Price – payment

5.1 Prices quoted by BV KPS are in euros and are always exclusive of VAT. Any increase in the VAT rate between the order and its execution will be borne by the client.

5.2 The invoices of BV KPS are payable at its registered office no later than 30 calendar days after the invoice date.

5.3 If an invoice is not paid within the specified payment period, the invoice will automatically and without any written notice of default being required be increased by a fixed compensation of 10%, with a minimum of €125.00, as damages for extrajudicial collection costs. Furthermore, in that case, the client will owe default interest in accordance with the Act of 2 August 2002 on combating late payment until the date of full payment of the invoice.

5.4 In the event of non-payment of an invoice on the due date for any reason whatsoever, BV KPS reserves the right to suspend performance of the agreement until full payment of the invoice, without prior notice of default and without being liable for any damages.

Article 6: Complaints

Complaints regarding work carried out by BV KPS will not be accepted unless they are communicated to BV KPS in writing within 8 calendar days of completion of the work.

Article 7: Execution of the agreement

7.1 BV KPS has the right to have certain ordered works carried out by third parties.

7.2 The client shall ensure that all information that BV KPS indicates is necessary, or that the client should understand is necessary, for the performance of the agreement is communicated to BV KPS in a timely manner. If this does not occur, BV KPS has the right to suspend performance of the agreement and/or charge the client for any additional costs resulting from the delay.

7.3 BV KPS is not liable for damages of any nature whatsoever because it carried out the work on the basis of incorrect and/or incomplete information provided by the client.

7.4 The client indemnifies BV KPS against any claims from third parties who suffer damage as a result of the performance of the agreement that is attributable to the client.

Article 8: Liability

The liability of BV KPS is limited to the conditions stated in its liability policy and to the amounts that its liability insurer will pay.

Article 9: Force Majeure

Any case of force majeure or unforeseen circumstances automatically releases BV KPS from any obligation without the client being entitled to claim compensation.

The following, among others, are considered to be cases of force majeure: accidents, material breakage, traffic disruption, exceptional climatic conditions such as snow, etc.

Article 10: Jurisdiction

Any dispute between the parties concerning the formation, performance, and interpretation of the agreement shall be governed by Belgian law and shall fall under the jurisdiction of the judicial district in which the registered office of BV KPS is located.