1.1. All our services are submissive to the following sales conditions. Every deviation or change to these clauses are invalid when this is not in writing and accepted by both parties.
1.2. The complete text of these sales conditions is part of our service. The client is assumes to have knowledge and accepts all clauses, barring expressive contrary clause.
1.3. The present terms and conditions prioritise all other sales conditions.
Offers – quotations – making an agreement
2.1. All our prepositions, webpages, prices and diverse information shared with the client, do not for quotations and only count as information.
2.2. When a client places an order, he commits to know and follow the terms and conditions.
2.3. The validity of the quotations in determined in the quotation. The non-accepted quotation within the posed term, stops to commit us.
2.4. Every change in the course of the execution has to be proposed and accepted in writing. If this has a reduction of the agreement as a result, we are automatically owed 10% of this reduction, in the name of loss of profit.
2.5. The documents, objects of our quotation, are strictly confidential; they cannot be shared or used. The calculations, subjects, monsters, models and drawings stay our exclusive property.
3.1. Our prices are always without VAT, except exceptions; the VAT is always at the expense of the client.
3.2. On a bigger damage settlement a success free of 7% is asked, this from a damage amount of € 5.000 exclusive 21% VAT.
3.3. Except when otherwise determined, our prices are based on the amount from the moment of the expressive order from the client, the purchase prices, the wages, the hotel or accommodation costs, the travel costs, public transportation, the social or public costs, the freight costs, insurance fees and other costs.
All exceptional costs, e.g. Environmental tax, tourist tax or other costs like shipping costs, load and deliver costs, are at the expense of the client.
3.4. Unless the quotation provides another revision formula, the price will vary according to the next formula: p=P(0,40 s/S + 0,40 i/l+0,20) where p=adjusted amount, taking into account the fluctuations of wages and social burdens and insurance, and also the price fluctuations of the materials; P=price mentioned on the contract; s=average hourly wage in force during the state of progress monthly period, increased with the by the Ministry of Transport and Infrastructure passed total percentage of the social burdens and insurance on that date; S= average hourly wage in force 10 days before the date of the quotation (or: that is determined before the opening of the registration tickets), increased by the Ministry of Transport and Infrastructure passed total percentage of the social burdens and insurance on that date; i= index number in force during the state of progress until the calendar month before the date that is determined for the opening of the registration tickets.
4.1. The execution time, determined in the agreement, are extended: – if the services are delayed because of another professional group or the owner or client; – if important decisions are made by the client in the duration: – if the paying conditions are not followed by the client; – if the application of new social or other laws cause a delay in the service.
4.2. A delay of a few days in comparison with the execution time will not jeopardise our liability and will not be a reason for a compensation on our part. A delay can only be a reason for a fine if this is expressively determined with the order and if the client also has proven the actual suffered damage. In no case can the fine be more than a 20th of the delayed amount.
4.3. Every delay, whatever the duration may be, which origin lies with force majeure, empowers us to suspend the execution of the agreement during the disturbed event. Are equal to force majeure: circumstances which are unforeseen by both parties and which make the execution of the agreement reasonably impossible e.g. strikes, delays by the supplier, wars, fire, explosions, floods, atmospheric circumstances, natural disasters and event which influence the transport means.
Execution of services
5.1. The services are executed on opening days and on hours foreseen by the social laws in place. Overtime is calculated according to the social laws in force.
5.2. The client will give us, on own initiative, the necessary information during the meeting as well as during the execution of the agreement concerning the technical context and specific needs of the company, the client or the problem which are necessary for the execution of the agreement.
5.3. The layout of the access roads and the rooms are carries out by the client, on his expense and under his complete liability. He is obliged to inform us as soon as the services are complete so our personnel or appointed can be send on an appropriate time and start the services. The client will provide a room, destined as cafeteria for our personnel or appointed, a bathroom, shared rooms and a dry room, exclusively for our use.
Retention of title
6.1. All delivered services, document, good, devices and appliances stay the property of the company Humida bvba, and this until full payment. The client vouches for the damage to and estranging of our documents, goods, devices and appliances. The client takes a good insurance, also for fire and storm damage and for a meticulous stocking and security on the site, all this in advantage of the company Humida bvba.
Termination of agreement
7.1. The client is entitled to not follow up on a confirmed order. Every, for the start of the services, terminated order will have an amount of 30% of the total agreed price as result, as a compensation for the make costs and the suffered disadvantage.
7.2. In case of termination during the execution of the service, the wired advance will be kept as a lump-sum compensation.
7.3. In case of a termination or change on our part, except for force majeure, the client will enjoy a compensation insofar he has actually suffered damage.
Completion of service
8.1 Unless otherwise agreed in writing, there is agreed that if there are no remarks conveyed to Humida bvba within 8 days after the completed service, the service is ought to be definitively accepted. This point in time is equated to the only and definitive completion. The Humida expert is an independent professional which writes complete independent reports to honour and conscience, according to the available, offered and observed measurements. These observations and reports are strictly an execution commitment, not a result commitment. The content of the report is fundamentally non-questionable.
Warranty and liability
9.1. In no case Humida bvba can be held liable for circumstances due to negligence, inattentiveness or to not deliver complete and important information which is necessary to make right and correct observations. Concealing decisive information can lead to damage to other, involved, parties.
9.2. Humida bvba is in no case liable for all possible damage which, directly or indirectly, is the result of our service or a given advise. In every case the amount of the damage compensation which we can be held accountable for will be limited to the value of the with the client closed agreement of contract.
10.1. All complaints have to reach us within 8 days after the date of completion via registered letter.
Invoicing and payment
11.1. Except written and otherwise agreement, invoices are payable to corporate headquarters in the following manner: – 10% at the start of the service; – according to the claim of the service in execution; – calculation by the provisional completion or at the end of the service with reservation of the warranty.
11.2. Al our invoices are payable within 8 days from the invoice date, except for an expressively otherwise determination. The faulty or delayed payment of a part or of the whole invoice leads automatically and without prior notice of default to: – an increase of the owed amount of 1% per month as late-payment interest, without this amount can be lower than € 2, – a compensation of 12% per year of the owed amount.
11.3. Every delay in a part or the whole payment of the invoice or an intermediate bill leads inevitably to a provisional suspension of the remaining services until the complete payment of the claimed bills.
11.4. Every dispute or complaint regarding an invoice has to be formulated within 8 days after the invoice date.
11.5. All performances are payable before the due date stated on the invoice regardless of the possible reimbursement by insurance companies or other juridical entities.
Applicable law – arbitrage – jurisdiction
12.1. The invalidity or ineffectiveness of one or more clauses does not lead to the invalidity or ineffectiveness of the agreement. The parties commit to replace the invalid or ineffective clauses in good faith by others which, to the extent possible, realise the same function.
The Belgian law is applicable. Only the courts of the judicial district of Hasselt (B) are competent.