GENERAL TERMS AND CONDITIONS


Article 1    Prices
1.1  All our prices are exclusive of VAT, unless expressly stated otherwise in writing.
1
.2  We base our quotation on the provided floor plans.
If not specified in your request, we assume that these plans accurately represent the real situation of the building (as-built plan). Minor adjustments will be included in the audit at no additional cost (doors, windows, and limited layout). If the floor plans deviate significantly, we may need to charge an additional fee for this. This supplementary cost will be presented for approval during the site visit.
1.3
The provided floor plans must be readable and editable in AutoCAD. If this is not the case, we will include the standard cost of digitizing the plans in the quotation.
1.4
The preparation of a safety signage study is not included as standard in the order of evacuation plans. This is a separate part of the fire prevention dossier, and a separate item with a price quote will be provided in the quotation if requested.
1.5 The preparation of evacuation plans is not included as standard in the order of an intervention file. This is a separate part of the fire prevention dossier, and a separate item with a price quote will be provided in the quotation if requested.
1.6
The price is as previously accepted in writing by FM SAFETY BV; and is only binding with respect to the quantities and deadlines as stated in writing.
1.7
Prices are exclusive of installation, delivery, transportation, and insurance costs unless otherwise stated.

Article 2   Payment
2.1 Payment is due 30 days after the invoice date, unless otherwise agreed in writing.
2.2
The price is payable in one lump sum and in full before the due date, unless otherwise stated on the invoice.
2.3
In case of partial or non-payment before the due date, the price will be increased by a compensation of 10% of the invoice amount, which corresponds to the inconvenience suffered by the seller, and the administrative costs incurred in this regard. In addition, interest of 12% per annum will be due. These increases and interests are payable without any reminder being required.
2.4
Discount and bank charges are borne by the buyer.
2.5
Without prejudice to any other complaints, in case of dispute concerning the invoice, it must be protested in writing within 10 working days. However, the undisputed portion must still be paid.

Article 3    Delivery deadlines
3.1 After preparing the plans, we will provide you with a PDF file with a proof for approval. The standard period for approval is set at 2 weeks, and this period can be extended by mutual agreement. If we do not receive a response from you within this two-week period, we will consider it as approval and deliver the evacuation plans to you.
3.2 The standard execution period is between 6 to 8 weeks after ordering or as otherwise agreed.
3.3 Delay in execution can never give rise to a penalty, damages, or termination of the contract.

3.4
Delivery times are provided for information purposes only and are therefore not binding unless expressly agreed upon in writing between the parties.

Article 4   Interuption of work or delivery
4.1 Unless otherwise specified in the quotation, the client shall pay €64 per hour for waiting hours. During working hours between 8:00 a.m. and 5:00 p.m., FM SAFETY BV must be able to carry out at least 8 hours of work under the conditions described in the order confirmation. If the client has given permission to carry out work in their buildings on certain working days, but work cannot proceed, the client must notify FM SAFETY BV in writing at least one (1) working day in advance, otherwise waiting hours will be charged. In case of waiting hours, this will be notified to the client as soon as possible so that action can be taken to prevent the above-mentioned costs.
4.2
In the event of any interruption of work due to causes beyond the control of the seller, the seller is entitled to immediate payment for the materials and services already delivered. It is expressly agreed that upon resumption of work, the seller may adjust the prices of the materials and services to be delivered (1) based on the wage index and (2) based on the price increases charged to him by his suppliers.

Article 5   Quantity and quality control by the costumer
5.1 The client must immediately check the delivered goods or services for quantity and quality.
5.2
Ten (10) working days after the final completion of the works, or after the delivery of goods, no further complaints will be accepted.
5.3
Hidden defects can only give rise to compensation if they are detected promptly and reported to FM SAFETY BV immediately. If the delivered goods have been modified and/or processed and/or used in such a way that they are no longer recognizable, no complaints about hidden defects will be accepted.
5.4
Any compensation or refund by the seller shall not exceed the price of the goods or works.

Article 6   Liability, risk and transfer of ownership
6.1 The delivered goods remain the property of the seller until full payment of the principal sum and any costs and interests. The delivered goods may not be modified, processed, or used until the purchase price is fully paid.
6.2
Delivery takes place at the moment the goods leave the seller's warehouses.
6.3
From the final completion of the works or the delivery of the goods, the risk passes to the buyer.
6.4
Our liability can only result in free repair of the identified defects. We reject any liability for damages caused by lack of supervision or maintenance, shocks, moisture, weathering, pollution, abnormal heating, or use of the delivered goods for purposes for which they are not intended. Any warranty expires if the buyer carries out or has carried out (repair) works on their own initiative by third parties.

Article 7   Bankruptcy
7.1 In the event of the buyer's bankruptcy, the seller reserves the right to suspend all deliveries due after the bankruptcy until the curator has definitively taken a position in accordance with Article 46 of the Bankruptcy Act dated 08/08/1997, without prejudice to the seller's right to invoke Article 103 and 104 of the Bankruptcy Act dated 08/08/1997.

Article 8    Acceptance of the general terms and conditions - Disputes
8.1 The mere fact of requesting or accepting the intervention of FM SAFETY BV implies that the customer fully accepts the provisions of our General Terms and Conditions. No deviation can be invoked against us unless it is the subject of a special agreement approved in writing by at least one of our directors.
8.2
The client will grant FM SAFETY BV access to the buildings or premises where the works have been carried out in order to allow FM SAFETY BV to ensure compliance with these General Terms and Conditions or to check the defects reported by the client. If the client or a third party denies access to FM SAFETY BV, FM SAFETY BV is released from any refunds, compensations, or the performance of repair works.
8.3
In case of dispute, Belgian law applies. Any dispute concerning the interpretation and application of these general terms and conditions falls within the exclusive jurisdiction of the courts in Leuven.


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