General scope of conditions

These conditions contain and govern the entire agreement between the client and our company, with respect to all works requested from or entrusted to us. These conditions are deemed irrevocably accepted upon the client's signature of the order form, quote or agreement, regardless of any prior correspondence and regardless of any other conditions or documents or forms of any kind on the part of the client. Any deviation from these conditions must obligatorily be made in writing. Clauses in the contract that exclude the application of our general conditions are null and void.

In the case of construction, renovation and all other assignments involving administrative permits, we bear no responsibility whatsoever regarding administrative permits. Any resulting damage and fines are entirely at the client's expense.

Our quotes are only binding when signed by the manager or his appointed representative and remain valid for 1 month. If the VAT rate is changed before invoicing the balance of the price, the price of the works yet to be invoiced will be adjusted accordingly, even when a price inclusive of VAT was agreed upon.

All studies, plans, documents, sketches, drawings, samples and designs remain our property, protected by intellectual rights. Upon handover to the client, they may not be misused by either the client or third parties. The client is liable for any possible misuse and our company reserves the right to claim compensation. This amounts to a minimum of 10% of the contract sum. The aforementioned documents must be returned upon first request.

General scope of conditions

Any modification, addition or omission with respect to the works as described in the order form/quote/agreement must be the subject of an addendum to the order form/quote/agreement. In the absence thereof, it will always and irrevocably be assumed that these works were carried out in accordance with the verbal instructions of the client. Any possible written confirmation or notification by our company regarding a modification, addition or omission of the works as described in the order form/quote/agreement shall be irrefutably accepted and irrevocable on the part of the client in the absence of their written comments within 24 hours of the dispatch of our communication or confirmation.

Provisions imposed by the safety coordinator that were not known at the time of submitting the quote are not included in our quote, unless stated otherwise. These provisions will be charged to the client.

Additional works can be proven by all legal means.

Provisions imposed by the client that were not known at the time of submitting the quote are not included in our quote, unless stated otherwise. These provisions will be charged to the client. The assignment can only be carried out when our company has the necessary information in good time, contained in, among other things, studies, plans, documents, sketches, drawings, samples and designs, etc. This technical information is provided in advance by the client and/or their appointed representatives (e.g. architect or engineering firm). This information must be provided to our company in good time so that sufficient time is available to prepare the works properly. In the absence thereof, our company cannot be held responsible for delays or exceeding deadlines. Our company can never be held liable for failing to achieve the E-level.

Deliveries and deadlines

Any deadline for the delivery of labour and execution of works, if stated, is indicated on an indicative basis only, and late delivery or execution does not entitle the client to cancel the order or claim compensation, nor to suspend their payment obligations. In any case, any event that constitutes an insurmountable obstacle or forces us to temporarily or permanently halt the works will be considered a case of force majeure, including (but not limited to) accidents, wars and their consequences, adverse weather conditions, strikes, lock-outs, shortage of labour and materials, transport disruptions and difficulties, etc., occurring at our own premises or at those of our suppliers.

The temporary suspension of works due to force majeure automatically entails, without compensation, that the originally planned execution period is extended by a period equal to the suspension period, plus the time needed to restart the site. Any loss or damage due to accident or force majeure of the delivered goods or completed work, or as a result of the client's own fault or that of persons for whom they are responsible or whom they permit or tolerate on their premises, is never at the expense of our company.

The client must ensure that the works can commence immediately. In the absence thereof (waiting time longer than 15 minutes), the direct and indirect costs resulting from the loss of time will be charged to the client, without prior notice of default. The site must be provided free of charge by the client for the benefit of our company with electricity and water. The client ensures careful storage of goods delivered to the site and their security.

If, at the client's request, the scheduled appointment is postponed to a later date and this is done 5 days before the execution date, no costs will be charged.

If the appointment is rescheduled less than 5 days before the execution date, a cost of €450.00 excl. VAT per man-day will be charged to the client.

If upon arrival we find that we are unable to carry out the works due to the client's actions, a travel cost and the lost half-day will be charged.

Liability for damage

The client is liable towards our company for any damaging event occurring on the site to our goods, employees or subcontractors and their materials, both as a result of their own fault (even the slightest) and for that of persons for whom they are responsible or for that of third parties whom they have permitted or tolerate at the place of works. The client shall fully indemnify our company in this regard against claims from third parties. Our company is not liable for the loss, theft, depreciation or damage of materials or works of any kind entrusted to us by the client for the purpose of their adaptation, conversion, restoration or any other manipulation requested of our company, both on and off the site, as well as during transport or their dismantling/installation. The client is liable towards our company and, through full indemnification of our company, towards third parties, for any damaging act caused by or through the materials or works of any kind entrusted to our company by the client.

The contractor is not liable for damage resulting from freezing, lightning strike, contamination of the internal pipework, pipe leakage or disruptions to the gas or electricity network, or in the event of force majeure and operating errors.

Should the liability of our company nonetheless be called into question, this liability will be limited to a reduction in price or, where applicable and at most, to a waiver of the outstanding payment, which compensation the parties then accept as a final settlement. Any price reduction will be determined on the basis of the seriousness of the faults sufficiently proven in law.

The execution of the works must be carried out in accordance with the rules of good workmanship. These are specified in the actual agreement or in the specifications or, failing that, in the technical regulations of the BBRI. The client accepts these execution rules.

In no case is our company liable for defects, of any kind, in goods and materials supplied by the client, their subcontractors, authorised representatives or employees. The provisions of articles 1643 and following of the Civil Code regarding hidden defects in the sold item do not apply, with the exception of article 1648.

The client must ensure that the site is adequately insured before the commencement of works.

Our company cannot be held liable for damage to movable and immovable property adjacent to the construction site that is the inevitable consequence of the execution of the works and cannot be attributed to a fault of our company. It is therefore not liable for fault-free neighbourhood disturbance. The client is liable for this damage towards third parties and cannot take recourse against our company.

Termination

Termination of the assignment entrusted to us, whether before or during the execution of the works, is always possible, whereby the client will always be obliged to pay in full the costs and charges already incurred, the works already carried out, together with the materials and supplies already delivered, additionally increased by compensation equal to 20% of the total contract sum excluding VAT for the fact of the further loss of the contract.

If we ourselves terminate or cancel the agreement or if the agreement is terminated through our fault, the client, insofar as they are a consumer, is entitled to the same compensation at our expense.

Acceptance

If no formal acceptance has been provided for, the delivery of goods or materials or the execution of the work itself, without protest by registered letter on the part of the client within eight days of delivery or execution, shall constitute definitive and irrevocable acceptance of the delivered goods or completed works, both with regard to visible and hidden defects.

In all cases, an unconditional payment of progress statements, advances, invoices or other cost statements without reasonable protest according to the modalities as described in the following article, shall be considered as definitive and irrevocable acceptance of the works mentioned therein or virtually included.

In all cases, the unconditional full or partial commissioning of the building or cleaned ducts by the client or their authorised representatives shall simultaneously be considered as definitive and irrevocable acceptance of the works.

Complaints

In order to be valid, any complaint must be submitted by registered letter to the registered office of our company within eight calendar days from the date of dispatch of the invoice, note or cost statement or after execution of the works. After this period, the contract is deemed to have been definitively accepted and this moment also serves as the sole and definitive acceptance. The invoice date is irrefutably presumed to be the date of dispatch of the invoice. Payment of the invoice without protest within the stipulated period always and without exception constitutes sufficient proof of the services rendered. Proof of dispatch of the invoice is provided by our outgoing invoice book or inclusion in the VAT declarations.

Retention of title

All goods, materials and supplies, as well as the completed works, remain the property of our company until full payment of our invoices in principal and accessories. This also applies if the works, deliveries, goods or materials of our company only form part (ancillary matter) of a larger whole (principal matter) of which the ownership or parts thereof do not belong to our company. The risk, however, transfers at the moment the goods leave our warehouses. The client is responsible from delivery to the site for damage to and disposal of these goods.

Payment terms

All our orders and deliveries are payable in cash at our registered office. Our company reserves the right to require an advance determined by it on the works to be carried out before accepting the order and/or another type of security before commencement of the works.

VAT and all other taxes, levies, duties or costs are always at the client's expense.

If the client fails to pay an invoice in principal within the proposed period, the full amount becomes immediately due and payable without further notice of default, even if some amounts thereof have not yet fallen due.

Late payments, costs and accessories

Any debt of a client that remains unpaid on the due date will automatically and without notice of default or any other formality whatsoever, accrue interest of 10% per year, calculated from the due date until the date of full payment, as well as a fixed compensation of 10% with a minimum of €125, on the amount owed in principal.

In the event that our company is unable to deliver the works within the stipulated period, the client, insofar as they are a private consumer, is entitled to equivalent compensation as in the preceding article at the expense of our company.

Any delay in payment may give rise to the suspension or cancellation of deliveries and works yet to be carried out, and the refusal to accept new orders.

The client expressly agrees that invoicing is done electronically. Invoices are sent to the email address provided by the client at the time of ordering.

Processing of personal data

We collect and process the identity and contact details we receive from the client and that relate to the client themselves, their staff, employees, appointed representatives and other useful contact persons. The purposes of these processing activities are the execution of this agreement, customer management, accounting and direct marketing activities such as sending promotional or commercial information.

The legal bases are the execution of the agreement, the fulfilment of legal and regulatory obligations (such as, for example, the 30bis declaration of works) and/or the legitimate interest of our company. For direct marketing purposes by email (such as a newsletter or invitations to events), the client additionally gives their express and free consent to our company to use their personal data.

The data controller is HAMSTER CLEANING NV with registered office at Nieuwpoortlaan 15 B bus 3, 3600 Genk, known under company number 0546.543.431. The aforementioned personal data will be processed in accordance with the provisions of the General Data Protection Regulation and will only be passed on to processors, recipients and/or third parties insofar as this is necessary within the framework of the aforementioned purposes for processing. The client bears responsibility for the accuracy and keeping up to date of the personal data they provide to our company and undertakes to strictly comply with the provisions of the General Data Protection Regulation with respect to the persons whose personal data they have passed on to our company.

The client confirms that they have been adequately informed about the processing of their personal data and about their rights of access, rectification, erasure and objection. For further clarification, our company explicitly refers to the Privacy Statement, as attached as an appendix to this agreement and available on the website www.hamstercleaning.be. The client confirms having taken note of this Privacy Statement and accepting its contents.

Express Arbitration Clause

Any dispute will be settled by the Arbitration Tribunal designated by the Institute for Arbitration (www.euro-arbitration.org), in accordance with the SDR (Standard Dispute Rules) arbitration rules. This provision replaces all conflicting jurisdiction clauses. This agreement is governed by Belgian law.