Legal
General Terms of Sale
BBuild Constructions sprl — Last updated: 1 January 2024
Article 1
All orders, instructions, quotations and contracts entered into with our company are, without exception, governed by these general terms and conditions, notwithstanding any clauses to the contrary that may appear on our clients' order forms, quotations or other documents, unless such clauses have been expressly accepted in writing by BBUILD.
Signature of the quotation or payment of the deposit definitively binds the parties. Should the client (project owner) cancel the order or terminate the contract, BBUILD reserves the right to invoice an amount equivalent to the deposit requested at the start of the works as compensation. The project owner must make available all utilities required to carry out the works (water, electricity); related consumption is at the client's expense. Should the rental of a generator be necessary, all resulting costs shall be borne by the client. The disposal of plastic, mineral and chemical waste is not included in the quotation unless expressly stated otherwise.
Article 2
All drawings, illustrations and specifications remain the exclusive property of BBUILD and may not be passed on to third parties without specific written authorisation. A prospective buyer is likewise not authorised to disclose to any third party any information drawn from such drawings, illustrations or specifications without BBuild's prior written consent. The drawings and illustrations supplied with the offer are not binding on BBUILD regarding dimensions and details unless expressly confirmed in writing.
Article 3
Quotations are valid for and binding upon BBUILD for 30 days from their date of issue.
Article 4
BBUILD is entitled to refuse an order by giving written notice to the buyer within eight days of receipt of the order. Such refusal does not give rise to any right to compensation for the buyer. All terms of the order — including price, lead time and place of execution — are accepted subject to events of force majeure or unforeseen circumstances, which entitle BBUILD to revise these terms. This applies, for example, to a rise in the cost of raw materials, the bankruptcy of a supplier, and similar events. Where this occurs, BBUILD shall inform the buyer as soon as possible and confirm the revised terms. In such cases the buyer may not claim performance of the contract as originally agreed, nor any form of compensation.
Article 5
Where the invoice is issued in the name of a third party at the request of the principal, the principal shall remain bound at all times and in all circumstances to the seller for all obligations arising under the contract and these terms of sale. The principal and the third party are therefore jointly and severally liable for payment of the invoice.
Article 6
Any deadline indicated, even when expressed as a fixed date, is given by way of indication only. A delay shall under no circumstances entitle the buyer to cancel the order, refuse the works, or claim any form of compensation. BBUILD reserves the right to claim compensation should the planned schedule of works be impossible to meet for reasons beyond its control.
Article 7
BBUILD Constructions sprl — Rue Keyenbempt 109, 1180 Brussels. Tel/Fax: +32 (0)2 346 60 04. E-mail: info@bbuild.be. VAT BE0502848493.
Article 8
By the time works commence, the project owner is deemed to have carried out all necessary investigations regarding the quality and stability of the soil and subsoil of the site. The project owner shall bear sole responsibility for any issues and additional foundation costs resulting from any failure to do so. Where a permit is required, the project owner is also responsible for obtaining it.
Article 9
The accuracy of measurements (metrés) shall be verified by us, together with the project owner and the architect. Any difference of more than 2% across the overall measurements shall result, without condition, in a corresponding adjustment at the invoicing stage. A 30% deposit shall be invoiced at the start of the works. Invoicing shall be carried out progressively as the works advance, with interim payments. The balance is payable on completion of the works and depends on the total contract amount. The balance shall amount to 5% of the contract value as soon as the contract exceeds €10,000.
Article 10
Our invoices are payable in full upon receipt, unless otherwise stipulated. Failing payment on the due date, any invoice shall be increased, automatically and without prior formal notice, by 15% with a minimum of €125. Failure to pay on the due date shall also incur, under the same conditions, default interest of one per cent per month from the due date, any month commenced being due in full, without prejudice to any other damages. Complaints must be sent by registered mail to BBUILD's registered office within eight days.
Article 11
To be admissible, any complaint relating to an invoice must be notified within 10 working days of the invoice date.
Article 12
In the event of any dispute, the courts of the Brussels District shall have sole jurisdiction.
