- All agreements between the parties shall be governed by the General Terms & Conditions as laid out below and known to the parties. Any other conditions must be expressly accepted in writing by G&D CONSTRUCT BV. In particular other conditions in documents not issued by G&D CONSTRUCT BV shall therefore not be applicable.
- Placing an order or assignment and/or accepting a quotation from G&D CONSTRUCT BV implies acceptance of the present general terms and conditions.
- Fulfilment of the obligations can be influenced and impeded by the government measures and the guidelines and advice of medical experts with regard to combating the spread of the Covid-19 virus and/or other diseases.
The offered (unit-) prices in the tender, are proposed subject to an absence of change in the measures, guidelines, advice and circumstances known on the date of this tender. This price and these unit prices can still be adapted as a function of such changes, in particular a price increase due to adaptations of the construction costs (including materials, equipment, insurance policies and general expenses / overhead) and of the prices of third parties who are called upon directly or indirectly, such as subcontractors, suppliers, transporters and manufacturers. In case of such a change in the circumstances or adaptation of the construction costs or prices of third parties prior to conclusion of the contract, the prices and unit prices proposed in the tender shall be annulled, and the contractor may unilaterally adapt these prices and unit prices in order to take account of the price or construction cost increase. In case of such a change in the circumstances or adaptation of the construction costs or prices of third parties after conclusion of the contract, the contractor is entitled to a proportionate increase of the price in order to take account of the price or construction cost increase.
The starting date and performance period shall take account of the period in which the measures imposed or recommended by the governments and medical experts apply, in particular the measures of social distancing and imposed or recommended working from home. The works shall not commence earlier than after the end of such period and, when defining the starting date, account must reasonably be taken of the restarting of other projects.
The offered and/or discussed performance period and planning are proposed subject to an absence of change in the measures, guidelines, advice and circumstances known on the date of this tender. The performance period and planning can still be adapted as a function of such changes and of the adaptations of the delivery times and performance possibilities of third parties who are called upon directly or indirectly, such as suppliers, subcontractors, transporters and manufacturers. In case of such a change of the circumstances or adaptation of the delivery times or performance possibilities of third parties prior to conclusion of the contract, the contractor may unilaterally adapt the performance period and planning in order to take account of this. In case of such a change or adaptation after conclusion of the contract, the contractor is entitled to an extension of the performance period and an adaptation of the planning to take account of this, as well as to a compensation for the costs of such extension and adaptation.
- G&D CONSTRUCT BV reserves the right to demand advance payments or guarantees for payment when ordering or during the execution of the assignment. In the event of non-payment or non-provision of the guarantee, G&D CONSTRUCT BV is entitled to suspend the order or its obligation to finish/deliver the ordered goods until this is complied with. At any time, G&D CONSTRUCT reserves the right to refuse, to cancel or to withdraw an order and/or a sale, without justification.
- In case of cancellation of an order and/or refusal to purchase goods, G&D CONSTRUCT BV may either demand execution of the agreement or consider the agreement dissolved. In both cases, compensation is due, equal to the costs incurred and the lost profit.
- G&D CONSTRUCT BV is entitled to charge the client for the storage of finished goods if these are not collected within two weeks after notification.
- All invoices from G&D CONSTRUCT BV shall be paid at the latest on the due date indicated on the invoice. If no due date is indicated, the invoice shall be paid cash on the date of the invoice. No amounts may be deducted from the invoice for warranties or other reasons. Cash payments can only be proved by means of a written receipt signed by one of the managing directors of G&D CONSTRUCT BV.
- Unpaid invoice amounts will be increased, by law and without prior notice, by an interest on arrears of 10 % per year, with a minimum of EUR 75.00, starting from the date on which payment was due up to the date of complete payment. Furthermore, these unpaid invoice amounts will be increased by compensation for default of 10 %, with a minimum of EUR 75.00, notwithstanding the right of G&D CONSTRUCT BV to claim a higher compensation if it can prove that the damage is larger.
- If invoices from G&D CONSTRUCT BV remain unpaid on their due date, G&D CONSTRUCT BV shall be entitled, after written notice (by normal letter or e-mail), to suspend all further deliveries, work or services until full payment of the due amount, even if these concern other orders. The defaulter shall have no right to claim compensation for any damage suffered as a result of this suspension.
- Complaints/remarks concerning invoices from G&D CONSTRUCT BV shall be sent by registered letter to G&D CONSTRUCT BV within 7 days of the invoice date, otherwise the claim arising out of these invoices shall be deemed undisputed.
- G&D CONSTRUCT BV reserves title to the goods concerned until full payment of the corresponding invoices.
- No technical interventions or other actions will be carried out as long as the full amount invoiced by G&D CONSTRUCT BV has not been paid. Any warranty periods start from the installation/delivery of the goods. No claims under these warranties may be made, however, as long as full payment of the corresponding invoices has not been made.
- Manipulation of delivered/installed goods by third parties shall relieve G&D CONSTRUCT BV of any warranty obligation. On no condition shall G&D CONSTRUCT BV be obliged to provide warranty for goods/work delivered/executed by third parties. Maintenance of installations or goods shall not be considered to be included in the agreement or the agreed price.
- For an invoice submitted to G&D CONSTRUCT BV by a subcontractor, a separate invoice shall be drawn up each time per yard/order and sent to G&D CONSTRUCT BV. When executed properly, G&D CONSTRUCT BV undertakes to pay these invoices within 60 days to the end of the month. In the event of objections concerning the invoice, these shall be notified immediately in writing to the subcontractor.
- Complaints concerning faults in the delivered goods or executed services/work shall be sent by registered letter to G&D CONSTRUCT BV as quickly as possible and at the latest within 3 days of the discovery of these faults. If notice of faults is not given to G&D CONSTRUCT BV within a reasonable time, G&D CONSTRUCT BVreserves the right to reject all liability. On delivery, the client or his representative shall immediately carry out a thorough inspection on site for possible visible (and other) faults and the conformity of the delivery. The signing of the delivery note shall constitute an unconditional acceptance of the delivery as being correct, without visible faults and in accordance with the order. G&D CONSTRUCT BV no longer accepts liability after the client has taken the goods into use, resold them or has made them available to third parties.
- The order form that G&D CONSTRUCT BV draws up for its customers shall describe the work to be carried out and the goods to be delivered. The content of the order form shall be considered to have been accepted if no objection is raised within a reasonable time. All work and goods not expressly indicated on the order form shall not be executed/delivered. They can, however, be the subject of additional work or deliveries.
- It is the responsibility of the client to check the dimensions, materials and quantities indicated on the order form for correctness. Acceptance of the order form shall constitute an acceptance of all the indicated prices (possibly also including unit prices), orders, quantities, materials and qualitative and technical characteristics of the work and goods.
- G&D CONSTRUCT BV accepts responsibility only for its own measurements and calculations.
- As soon as the client accepts the order form, the full purchase/contracting price shall become due.
- Any additional deliveries of goods/additional work not indicated on the order form shall be made/executed on the basis of the unit prices applied by G&D CONSTRUCT BV and shall be carried out only on the basis of a prior written agreement on the type and scope of the work, and on the price.
- On-site building meetings are not included in our quotations. G&D CONSTRUCT BV will charge them at 65 € per hour.
- The client shall ensure the setting up, safety and accessibility of the yard, as well as parking for rolling (site) stock and for connections to mains electricity, water, etc., all within a distance of 25 metres. If, for any reason, this distance is greater, extra working hours for loading and unloading will be charged on the basis of times and materials. For cranes and other lifting equipment, this distance is reduced to 3 metres.
- The work clothing of G&D CONSTRUCT BV personnel at the yard will be adapted to the weather conditions (shorts are allowed). However, there will never be any deviation from the safety regulations associated with the execution of the work to be carried out by G&D CONSTRUCT BV.
- In case that G&D CONSTRUCT BV cannot start-up assembling on-site as planned, due to external reasons, costs will be charged equal to the suffered damage.
- It is the sole responsibility of the subcontractor to familiarise himself with the working conditions at the yard in question and to assess any technical/practical limitations. G&D CONSTRUCT BV accepts absolutely no responsibility for the existence of any technical/practical limitations.
- G&D CONSTRUCT BV shall not be responsible for providing technical guidelines and/or advice, nor for supplying plans/sketches to subcontractors.
- Once the principle drawings have been delivered to the client, it is possible only once to make changes. Any further changes shall be invoiced at the then applicable unit rates.
- The subcontractor is responsible for observing all necessary and statutory safety regulations and for complying with all social and labour rules and legislation.
- The subcontractor shall also be responsible for signing all necessary, mandatory and useful insurance policies and other guarantees.
- The invalidity of one of the above clauses shall in no way prejudice the validity of the other clauses.
- The liability of G&D CONSTRUCT BV shall be limited to the amounts covered by the signed insurance policy. If the client uses/holds/provides incomplete or incorrect dossiers/papers/documents/plans, this shall in no way result in any liability on the part of G&D CONSTRUCT BV.
- G & D CONSTRUCT BV declares that all customer information is treated confidentially. G & D CONSTRUCT BV guarantees the confidentiality of this information by password-protected servers. G & D CONSTRUCT BV will comply with the Belgian and European legislation for the use of this data. This information is only used in the context of G & D CONSTRUCT BV’s activities and is only exchanged with third parties for this purpose. The customer can consult his data at any time and have them adjusted or deleted.
- All agreements between the parties shall be subject to Belgian law. The courts with territorial jurisdiction for disputes between parties shall be the courts of the judicial district of Antwerp, district Mechelen. This jurisdiction clause shall take priority over that of the clients/subcontractor(s).