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General Terms

Art. 1 By signing the order form or requesting a service by phone or through the appointment form on our website, the customer acknowledges having read and understood these general terms and conditions without any restriction or reservation.

The customer acknowledges the primacy of these terms and conditions over any other provision contained in any document, including, if applicable, their own general terms and conditions.

These general terms and conditions constitute the entire agreement between the parties and may be modified by BekaTech BV, which must notify the customer in a timely manner, with the understanding that ongoing contracts remain subject to the terms and conditions applicable at the time of their conclusion.

 

Art. 2 Quotes and Offers: Quotes and offers are valid for 1 month after communication, unless otherwise stated by BekaTech BV. Quotes are free if the work is carried out by us.

Otherwise, they will be charged to the customer at a flat rate of €150, covering travel, information, and preparation of the quote.

Our quotes are based on the information provided by the customer and on observations that can be made before the intervention. Therefore, it is possible that the offers made need to be revised after the work has started, without the customer being able to compel BekaTech BV to apply the originally proposed rates. If, during the execution of the intervention ordered by the customer, the BekaTech BV representative finds that, for unforeseeable reasons during the preparation of the initial quote, the work to be carried out is more extensive than initially planned or ordered and the customer requests the preparation of an additional quote, the customer will bear the full costs of investigations, fault finding, leak detection, labor, and travel, even if they decide not to carry out the newly estimated work.

 

Art. 3 Orderer: The person who ordered the work and/or signed the order form is personally responsible for the payment of the related costs.

However, if this person is neither the owner nor the manager of the building where the work is to take place, they are released from the obligation of payment, provided they submit a written and signed document, either by the owner or the manager, committing to the payment, no later than at the start of the intervention.

 

Art. 4 Intervention, Delivery, and Execution Times: The times for intervention, delivery, and execution are given for indicative purposes only and are not binding on BekaTech BV.

Any modification to these times cannot be invoked by the customer to justify a refusal of payment or a claim for damages.

 

Art. 5 Right of Withdrawal: If the customer is a consumer, in accordance with Article VI.53 of Book VI of the Code of Economic Law, the customer acknowledges and accepts that the commencement of work on-site implies their waiver of the right of withdrawal.

If the customer cannot be qualified as a consumer under the Code of Economic Law, they do not have any right of withdrawal.

 

Art. 6 Order Modification: The customer has the option to modify their order within 14 days following the signing of the order form. However, if the customer requests that the order be executed before the expiration of this period, they can no longer exercise this right.

Any modification of an order or contract must be in writing and may result in a change in the price and the time of intervention, delivery, or execution.

In the context of a quote, individual items can only be canceled up to 80%.

 

Art. 7 Services: The customer is strongly advised to take into account the entry and exit times, the duration of the round-trip journey depending on the circumstances, the movement of the vehicle, the handling of the file, the time required for the preparation and setup of equipment and tools, as well as their storage; these elements will define the total duration of the service.

The first hour is always due. Beyond the first hour, services are billed in 15-minute increments, with any part of a 15-minute period being fully due. A price increase of 50% will be applied for services performed between 5 PM and 10 PM and on Saturdays, and 100% for those performed on weekdays between 10 PM and 8 AM, on Sundays, public holidays, and legal holidays, even if the order is placed before 5 PM or 10 PM, only the time during which the intervention is performed being taken into account. By signing the intervention form, the customer or their representative waives the right to contest the reality of the services performed. The customer accepts and acknowledges that BekaTech BV and its service providers are only bound by an obligation of means.

 

Art. 8 Prices and surcharges: Our prices do not include VAT. The use of machines for specific work such as unblocking, drilling and descaling, as well as the use of scaffolding, aerial platforms, large ladders and other equipment, are not included in our hourly rates and will be invoiced separately. The Customer will be invoiced separately for all costs such as labour, travel expenses, pouring tax, etc. required for the removal of rubble, rubble and any installation of any nature whatsoever resulting from the work ordered by the Customer.

The Customer agrees to be responsible for any parking charges, parking meter charges or any other parking charges. The cost of travel to carry out any service requested by the Customer will be €80 within an area of up to 10 kilometres from BekaTech BV's head office, €120 within an area of between 10 and 25 kilometres and €150 within an area of more than 25 kilometres.

Our hourly rate varies according to the nature of the work to be carried out. Fixed rates for emergency work do not include travel and are invoiced at an hourly rate or by fixed rate and are established at the site of the intervention according to the nature of the work requested by the Customer. These generally include fault-finding or leak detection work, repairs and the various trips required to obtain spare parts from suppliers. Where applicable, exceptional logistical, technical and administrative support costs will be invoiced to the Customer. Delivery costs for any goods ordered by the Customer will be invoiced to the Customer, unless expressly waived.

 

Art. 9 Technical clauses: The Customer will take special care to ensure that the work area is accessible, and that the areas where materials are laid and stored are clean and uncluttered.

The Customer will provide the operatives with a pressurised mains water supply and an earthed and fused power supply for the entire duration of the work.

The buildings where the work will be carried out and their contents will be insured by the Customer against fire risks up to the amount of sufficient capital.

The Customer releases us from any liability in this respect; he waives both for himself and for any other person subrogated to his rights any recourse against us in this respect. The Customer assumes full responsibility vis-à-vis third parties, and in particular neighbours, for any damage that is an inevitable corollary of the performance of the work, provided that we are not at fault.

We accept no liability for failures during or after our intervention, resulting from the age of the installation on which the service is provided or of its component parts.

Any dismantling of appliances is carried out under the sole responsibility of the Customer. The Customer assumes the risks of the configuration of the premises and compliance with existing standards at the time of maintenance of the heating appliances and possibly their replacement with new appliances without BekaTech BV or its staff being held liable in any way whatsoever and for any reason whatsoever.

The cleaning of chimney shafts on each floor is not included in our prices; chimney flues should always be inspected by a professional chimney sweep.

We accept no liability for damage caused by soot unless we are specifically at fault. Electrical connections to boilers, water heaters and boilers must in all cases be carried out and/or checked by an approved electrician. The unblocking of drains is considered to have been carried out perfectly when the technician has the Customer check several times that the drains are free to flow, and has the Customer sign his work order. The use of chemical products to unblock drains (recommended in certain cases) is not exempt from the risk of acid staining during the work, despite all the precautions taken by our technicians. We accept no liability in this respect. We accept no liability for any malfunction resulting from water shut-off.

We accept no responsibility for any damage to the surfaces during the work. In this case, any additional work required will be subject to a supplement. Our prices do not include the patching of breaks or cracks in the existing ceiling resulting from our work.

 

Art. 10 Retention of title and resolutory clause: Materials or parts of any kind whatsoever supplied to the Customer under a sale or work contract shall not become the Customer's property until all claims against the Customer have been paid in full. The Customer bears the risks from the date of delivery, even if delivery has been deferred.

It is expressly agreed that any movable property sold or placed by our company cannot be considered as immovable property by incorporation.In the event of non-payment of a single invoice on its due date, the sale will be terminated immediately and by operation of law without formal notice. In this case the Customer undertakes at its own expense to return all supplies or parts within 24 hours, failing which BekaTech BV will be authorised to take them back from any place whatsoever without any formality.

 

Art. 11 Guarantees: Unless expressly agreed otherwise, the guarantee for any goods sold will be provided by and within the limits of the conditions of our manufacturer or supplier. This guarantee will nevertheless be cancelled in the event of the bankruptcy or cessation of activities of these parties.Under no circumstances does this guarantee cover the cost of labour, travel, transport, duties and taxes. It is expressly agreed that in the context of work of any nature whatsoever carried out by our company, the latter may under no circumstances be considered as a producer within the meaning of the law of 25.02.1991 relating to liability for defective products. In any event, the Customer who would be a victim of a product found defective will be required to notify BekaTech BV by registered letter within 8 days, failing which it will be released from its obligation to provide the identity of the producer, importer or whoever supplied the product. In addition, the Customer's loss must be assessed by both parties within 8 days of the loss occurring. Repairs are never guaranteed, so the Customer waives the right to claim any reimbursement, compensation or damages on any grounds whatsoever; the obligations we assume are only of means. Under no circumstances can we be bound by an obligation of result.

Unblocking and cleaning work are never covered. The conventional ten-year guarantee does not cover damage caused by perforated waterproofing, infiltration due to porous masonry or condensation damp. Under the conventional ten-year guarantee, any work resulting from a lack of maintenance will be invoiced.

 

Art. 12 Force majeure: BekaTech BV cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-performance of its obligations when this non-performance results from a case of force majeure or fortuitous event. The following events in particular are considered to be cases of force majeure or fortuitous events:

 

1. The total or partial loss or destruction of the computer system or its database where either of these events cannot reasonably be directly attributed to BekaTech BV and it is not shown that BekaTech BV failed to take reasonable steps to prevent either of these events,

Ø Earthquakes

Ø Fires

Ø Flooding

Ø Epidemics

Ø Acts of war or terrorism

Ø Strikes, whether declared or not

Ø Lock-outs

Ø Blockades

Ø Insurrections and riots

Ø Stopping the supply of energy (such as electricity)

Ø Failure of the Internet network or data storage system

Ø A breakdown in the telecommunications network

Ø Loss of connectivity to the Internet or telecommunications network on which BekaTech BV depends

Ø An act or decision by a third party where this decision affects the proper performance of this contract

Ø A lack of staff

Ø An act of vandalism affecting the offices, workshop, etc.

Ø Any other cause beyond the reasonable control of BekaTech BV

 

Art. 13 Invoicing conditions: Invoices shall be drawn up in the name of the person or company who has ordered the purchase of supplies or the execution of work, without prejudice to Art. 3. We reserve the right to invoice services and supplies as and when they are delivered, even if these are partial.

 

Art. 14 Terms of payment: Our invoices are payable in cash, without discount, in euros after receipt of the work.A surcharge of €12.39 for administrative costs will be charged in the event of deferred payment accepted by an authorised officer of our company.

PAYMENT DELAYS

Clause applicable to professional customers:

Any delay or default in payment by the customer will automatically and without notice lead to :

* 12% interest per annum from the due date until full payment,

* a fixed and irreducible penalty of 10% of the unpaid amount with a minimum of €50 as a penalty clause.

Clause applicable to consumer customers

If the customer fails to pay on the due date, a formal notice will be sent. Then, if payment is not made within 14 calendar days, the customer will owe :

* interest at the statutory rate applicable to late payment in commercial transactions,

* a lump-saum payment equal to :

a) for an outstanding amount of EUR 150 or less: EUR 20

b) for an outstanding amount between EUR 150.01 and EUR 500: EUR 30 + 10% of the amount between EUR 150.01 and EUR 500;

c) for an outstanding amount in excess of EUR 500: EUR 65 + 5% of the amount in excess of EUR 500 up to a maximum of EUR 2,000.

Failure to pay a single invoice by the due date automatically renders payable the balance due on all invoices, whether due or not. The possible granting of payment facilities shall not constitute a waiver of the payment of late payment interest and the penalty clause. Failure to comply with the terms and deadlines automatically renders the balance due on all invoices due or not due.

 

Art. 15 Disputes: Any dispute or complaint must be sent to us by registered letter within 48 hours of completion of the work ordered or delivery of the materials. Any dispute relating to the application of these terms and conditions shall fall within the exclusive jurisdiction of the Courts of Brussels and, where applicable, the Justice of the Peace of the region to which the company belongs.


Art. 16 Displacements: Displacements are payable in all cases, even for estimates or without intervention due to the inaccessibility of the site at the requested address or cancellation by the Customer from 30 minutes after the request for intervention in the case of a request for intervention expressly requested to intervene on the same day as the request.

 

Art. 17 Competent authority: Only the courts of Brussels have jurisdiction in this matter, and proceedings must be conducted by a French-speaking lawyer.