GENERAL TERMS AND CONDITIONS – Eco-Projects bv

1. Quotations, acceptance and verification

The quotation is based on the information known at the time it was drawn up. The agreement is concluded when the customer signs the quotation. By signing, the customer confirms that they have read the quotation and that, among other things, the quantities, dimensions, materials, glazing, colours, profiles, doors, hardware and other specifications correspond to their request.

Price lists, technical data, plans or documentation are provided for information purposes only and do not create any separate obligation, unless expressly agreed otherwise in writing.

2. Changes after ordering

Any change after ordering, including changes to colour, dimensions, type of glazing, profile, door model, pull handles, hardware, finish or additional assignments, may result in a price adjustment, an extension of the lead time and an administrative fee of EUR 50.

3. Price revision

Prices are based on the costs of materials, raw materials, wages, transport and other cost factors applicable at the time of the quotation. If material, raw material, wage, energy, transport or other costs rise by more than 2%, the contractor reserves the right to increase the price component concerned in line with the actual increase, limited to a maximum of 80% of the total price.

4. Delivery and installation

Delivery and completion times are given for information only and are not binding. A delay does not entitle the customer to compensation, a price reduction, refusal of the goods or termination of the agreement, except in the event of proven intent or gross negligence.

Delays caused by suppliers, manufacturers, third parties, weather conditions, site conditions, force majeure or circumstances beyond the contractor’s control cannot be attributed to the contractor. The customer may not refuse the goods if they are delivered later than the date indicated.

Ordered goods are never taken back or exchanged.

5. Site preparation and access

The customer ensures that the site is accessible, safe, cleared and sufficiently prepared in good time. If the contractor cannot start or continue work because of inadequate preparation, lack of access or the intervention of third parties, waiting hours, travel costs and additional services may be charged separately.

6. Execution, technical provisions and additional work

The work is carried out in a workmanlike manner and in accordance with the usual standards in the window, door and exterior joinery sector. Technical tolerances, slight differences in colour or finish and material-related deviations that are customary or technically acceptable cannot give rise to refusal of the work.

Additional work, extra services, repairs, adjustments, extra finishing, jointing, silicone work, MDF finishing or any other work not expressly included in the quotation are carried out on a time-and-materials basis and invoiced separately.

7. Roller shutters and specific work

When roller shutters are installed, preparatory work such as chasing walls and fitting the roller shutter connection boxes must be carried out by the customer, unless expressly agreed otherwise. If this work is nevertheless carried out by the contractor, it will be charged separately.

8. Liability and consequential damage

The contractor is only liable for direct damage that is the immediate result of a proven contractual fault. The contractor is not liable for indirect damage, consequential damage, loss of use, loss of enjoyment, damage caused by third parties or damage to existing structures, finishes or goods, except in the event of intent or gross negligence.

Repairs of consequential damage or of damage that cannot be attributed to the contractor are charged on a time-and-materials basis.

9. Protection of the site

Before the work starts, the customer must adequately protect and cover the site, floors, walls, furniture, existing finishes and other goods. The contractor is also not liable for damage resulting from insufficient protection of movable goods by the customer, except in the event of gross negligence.

10. Custom-made goods and returns

Ordered goods are made to measure. They are not taken back or exchanged, subject to mandatory statutory provisions.

11. Planning, permits and regulations

The customer is responsible for compliance with planning regulations, permits, notification requirements and other administrative obligations. The customer indemnifies the contractor against any claims or penalties arising from missing or incorrect permits or planning violations.

12. Invoicing details and VAT

The customer is responsible for the accuracy of all information required for correct invoicing and application of VAT.

If a reduced VAT rate is applied, the customer declares that all legal conditions are met, including those concerning the age, purpose and use of the building concerned. If the customer does not dispute this in writing within one month of receiving the invoice, the customer is deemed to confirm these conditions. If it later turns out that the reduced rate was applied incorrectly, the customer is liable for payment of the VAT difference, as well as any interest, fines and costs.

13. Cancellation and termination

B2B: In the event of unilateral cancellation or termination by the customer, fixed compensation of 30% of the total price is due, without prejudice to the contractor’s right to prove a higher actual loss.

B2C: In the event of cancellation by the consumer, compensation is due corresponding to the costs already incurred, services already performed and loss of profit, estimated at a maximum of 30% of the agreement, unless the contractor demonstrates that the actual loss is higher or the consumer proves that it is lower.

If production of custom-made goods has already started and these goods cannot be economically reused, the full price is due.

14. Partial performance, damage and amounts becoming due

Partial delivery, installation or performance gives rise to partial invoicing in proportion to the goods actually delivered and the services actually performed.

If goods that have already been delivered or installed are damaged by the customer, the customer’s agents or third parties on the site, the work performed remains invoiceable and repairs or replacements are charged separately on a time-and-materials basis.

In the event of non-payment on the due date, the contractor has the right to suspend the work and to make all outstanding amounts immediately due and payable.

15. Transfer of risk and retention of title

The risk of loss of, damage to or destruction of the goods passes to the customer upon delivery or installation. The customer must immediately check the condition of the goods and report any visible defects upon delivery or installation.

All goods delivered remain the exclusive property of the contractor until all amounts due have been paid in full. Notwithstanding this retention of title, the goods are at the customer’s expense and risk from delivery or installation. In the event of non-payment, the contractor reserves the right to take back the goods delivered, at the customer’s expense and risk.

16. Complaints

On pain of forfeiture, complaints must be sent in writing by registered letter to the contractor’s registered office within 8 days of the invoice date and/or delivery or installation. In the absence of a timely and correct complaint, the work and invoices are deemed to have been definitively and irrevocably accepted. A complaint does not suspend the obligation to pay.

17. Payment terms

Invoices are payable on the due date stated on the invoice.

B2B: In the event of non-payment on the due date, late-payment interest is due automatically and without prior notice of default in accordance with the Law of 2 August 2002 on combating late payment in commercial transactions, as well as fixed compensation of 10% of the invoice amount with a minimum of EUR 200 and a fixed administrative fee of EUR 50. Non-payment of one invoice makes all outstanding invoices immediately due and payable, regardless of their due date.

B2C: Invoices are payable within 15 calendar days of being sent. In the event of non-payment, a first reminder is sent free of charge. If payment is not made within 14 calendar days from the third working day after sending by post, or from the calendar day following electronic sending, late-payment interest and fixed compensation are due in accordance with the statutory ceilings: EUR 20 for amounts up to and including EUR 150; EUR 30 plus 10% of the portion between EUR 150.01 and EUR 500; EUR 65 plus 5% of the portion above EUR 500, with a maximum of EUR 2,000.

18. Acceptance (handover)

The customer must be present at the end of the work for acceptance. If the customer is absent, the site is deemed to have been accepted. Minor imperfections or unfinished items worth less than 10% of the contract price cannot prevent acceptance.

If the customer fails to take part in the acceptance after having been invited to do so by registered letter, acceptance is deemed to have taken place on the scheduled date. Provisional acceptance marks the start of the ten-year liability period. Any further comments after acceptance can be dealt with subject to an administrative fee of EUR 75.

19. GDPR

Personal and company data are processed in accordance with the applicable privacy legislation and are used only for the performance of the agreement, administration, invoicing, customer management and legal obligations. Data are not disclosed to third parties, except insofar as necessary for the performance of the agreement or required by law.

20. Reciprocity

In the event of non-performance by the contractor, the customer is entitled to compensation of the same nature as that which the contractor may claim in the event of non-performance by the customer.

21. Auxiliaries

Auxiliaries means any natural or legal person who is entrusted by a party with the full or partial performance of a contractual obligation, throughout the entire contractual chain.

Within the limits of mandatory law, the parties exclude any non-contractual liability towards each other and towards their auxiliaries for damage resulting from the non-performance of contractual obligations.

22. Safety glazing and standards

The customer acknowledges having been informed of the applicable standards for safety glazing, including STS38 and NBN S23-002. If the customer deviates from applicable or recommended safety standards, this is done under the customer’s own responsibility, subject to mandatory statutory provisions.

23. Dimensions for shell construction or unmeasured situations

If windows, doors or openings still have to be built in masonry, or if the customer provides dimensions that have not been checked by the contractor, the customer releases the contractor from all responsibility for their accuracy should these dimensions not correspond to the actual situation.

In that case, the customer bears full responsibility, and all costs resulting from incorrect, incomplete or changed dimensions are borne entirely by the customer.

24. Disputes

In order to reach an amicable settlement, the parties undertake to first submit any dispute to an attempt at mediation and/or technical arbitration. This procedure is conducted through Euromed & Partners BV, info@euro-arbitrage.be, unless the parties agree otherwise in writing.

If no agreement is reached, the dispute may be submitted to the competent court.

25. Jurisdiction

In the event of a dispute, only the courts and justices of the peace of the contractor’s registered office have jurisdiction, unless the contractor chooses to bring the matter before the courts having jurisdiction under Article 624 of the Belgian Judicial Code. The other contracting party may summon the contractor only before the aforementioned courts. All agreements are governed exclusively by Belgian law.

The agreed price remains subject to the price revision clause included in the general terms and conditions, of which the customer has taken note and which apply in full to the agreement.

Payment schedule:

30% deposit on signing the quotation

60% at the start of the work and delivery of materials

10% at the end of the work