General conditions – Bast Aménagement  

 

1. General conditions: These general conditions are the only ones applicable between the parties, with the exception of any other condition, reservation, restriction or clause emanating from the client, unless express and written acceptance thereof by Bast Aménagement.

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2. Offer and quote: Offers and quotes are valid for fifteen days from their date of issue. All data appearing there such as weight, dimensions and descriptions communicated to the buyer are given for information purposes only, they do not engage the responsibility of the company. The agreement is concluded by the order alone, even if verbal, to the exclusion of any previous correspondence or communication. The person ordering the work (principal), even by telephone, is responsible for payment within the stipulated deadlines. The start of the work automatically constitutes proof of acceptance of the conditions of the offer or quote as well as these general conditions of sale and business. Except for consumers within the meaning of the Law of April 6, 2010, the start of the work also implies express waiver on the part of the principal of the provisions of article 1341 of the Civil Code (written proof obligatory above 375 EURO ).

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​2’. Offers and quotes for work lasting one day or less:  Work lasting one day or less is payable before work begins. The invoice will be given at the same time as the quote. BastAménagement reserves the right not to carry out the requested work, even if the estimate has been signed, until the payment has been made and received in one of our bank accounts.

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3. Deposit: The goods must be paid in full before the start of the work or partially if the work is planned in stages, in this case, all goods will be paid for before the start of each stage. A deposit of 40% of the VAT amount of the services is required when the Client signs the quote. A second deposit of 40% must be paid halfway through the work. The balance of 20% is due once the work is completed.

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4. Delivery: Bast Aménagement reserves the right to take into account transport, packaging and administrative costs. Upon delivery of materials to the site, the risks are borne by the customer, for example, loss, theft, damage of all kinds, etc.

 

5. Deadline: Only for consumers within the meaning of the law of April 6, 2010, if a delivery, execution and work deadline is provided for in the contract, this deadline will be taken into consideration and respected as far as possible by Bast Development, except in cases of force majeure (such as bad weather, strikes, epidemic of all or part of our staff or the staff of our suppliers, fire of all or part of the equipment, our warehouses; breakages and all accidents occurring to machines and tools employees in the execution of the order, delays in transport by sea or land of the goods whatever the cause of the delay, etc.) Failure to respect this indicative deadline only entitles the customer to be compensated in case of reasonably excessive delay and after warning by registered mail. In this case, Bast Aménagement will be liable for compensation of €2.5 per day of delay with a maximum of 20% of the price.

 

6. Delivery partial: Bast Aménagement reserves the right to make partial deliveries, and to invoice them. The customer will be required to pay these invoices without waiting for delivery of the overall order.

 

7. Additional work: As far as possible, Bast Aménagement always informs the client and requests their agreement, even by telephone, for additional work which proves essential during the construction site. Additional work will be presumed to have been formally ordered by the principal unless the latter has waived it by registered mail within 8 days following the warning referred to in the preceding paragraph.

 

8. Price: Unless otherwise stipulated, the prices mentioned in our offers are excluding VAT. Our prices relate only to the supply of goods and all other work and services detailed in our price offers. Any supplement requested by the buyer will be invoiced in addition to the expected price. Taxes will or will not be applied depending on the information provided by the customer who will be held responsible for inaccurate data. Even during the execution of the work, prices may be revised in the event of an increase in wages, prices of raw materials or any other element influencing the cost of production, as well as in the event of fluctuations in exchange rates. , entry fees, transportation (fuel,) and insurance costs, taxes, etc. … The same will apply to any other new and unforeseeable circumstance modifying the balance of reciprocal services between parties. Our prices are for all normal soft terrain; hard ground, concrete, massifs, masonry, under foundations, soles, sandstone, channels, wells, sewers, hard shale, rock heads, tree roots, so-called grounds “boulant” as well as any other unsuspected element foreign to normal soft ground are subject to a supplement to the fixed price. The disposal of construction site waste is, unless otherwise stipulated, the responsibility of the customer.

 

9. Payment: All our invoices are payable in cash, without discount, and to the Bast Aménagement headquarters, or to one of its bank accounts, unless otherwise expressly stipulated. Any complaint concerning any mention on the invoices must be made within 8 days following receipt of the invoices. If the invoice, at the request of the principal, is drawn up in the name of a third party, the principal and the third party are jointly and severally liable for payments and other commitments resulting from the general conditions of the company. Reminder costs are invoiced to the customer up to 15 EUR per invoice as administrative costs. In the event of non-payment on the due date, the sums due will be productive automatically and without prior notice of interest at 10% per year per month of delay initiated. The customer is also required to pay additional compensation of 8.5% of the amount due with a minimum of €80.00. All other invoices, even those not due, become due automatically and without prior notice. Following non-payment of an invoice when due, all other invoices, even those not due, become immediately due. Failure to pay an invoice when due authorizes Bast Aménagement to cancel current orders or to make new deliveries only against reimbursement. The company reserves ownership of the goods until invoices have been paid in full. The resolution is preceded by a formal notice notified to the debtor by registered letter and occurs automatically 8 full days after sending it, in the absence of payment within the deadline.

 

10. Complaint: Taking possession of the work and goods will constitute approval of the work accomplished and will cover any apparent defect. No complaint of any kind will be accepted if it does not meet the following conditions: - Sent by registered mail to the Bast Aménagement headquarters, - Within 8 days following the date of sending the invoice. A duly filed complaint does not in any way suspend the obligation to pay invoices in full and when due.

 

11. Cancellation: In the event of cancellation by the principal, before the start of the work, of an order accepted by the latter, a sum equivalent to 20% of its value of the work will be invoiced without prejudice to the right to Bast Aménagement to claim full compensation for its damage when it exceeds this 20%. In the event of cancellation by the principal, during construction, the supplies made and the services performed will be fully invoiced as well as a sum equivalent to 20% of the value of the planned work, not carried out. This clause even applies to cases of force majeure.

 

12. Guarantee: Unless stipulated in writing on our part, it is impossible for us to give a guarantee of recovery of the plants as this depends on too many important natural factors. Our warranty never applies in the following cases: -Defects originating either from materials supplied by the customer, or from a design imposed by the customer. -Replacement or repair resulting from normal wear and tear of the equipment, damage or accidents resulting from negligence, lack of supervision or maintenance. -Incident due to fortuitous events or force majeure. Furthermore, under no circumstances will Bast Aménagement be responsible for the appearance of weeds, harmful insects, diseases, fungi, etc. Which could appear in newly sown lawns and/or new plantings.

 

13. Customer commitments: Water and electricity are always made available to us free of charge by the customer. Without Bast Aménagement having to make a request, the client undertakes to submit, before the start of the work, a plan indicating all the boundary markers of the land, all the pipes, inspection chambers, drainage network and drainage, electrical cables and/or other constructions under the ground with indication of depths. In the absence of this plan or in the event of faulty indications, Bast Aménagement is not responsible for any damage to pipes or other constructions. The client is deemed to hold any authorizations necessary for the proper execution of the work, namely, and without this list being exhaustive, those relating to town planning, land register, municipal, road or other regulations.

 

14. Contract: Our contracts are concluded for a minimum period of 12 months, tacitly renewable for an equivalent period. The contract may be terminated by either party, without justification, by giving 2 months' notice by registered mail. In addition, in the event of non-payment of an invoice when due, Bast Aménagement reserves the right to immediately terminate the contract without notice or compensation.

 

15. Validity: The invalidity or ineffectiveness of one or more clauses will not result in the invalidity or ineffectiveness of the other clauses of the contract. The parties undertake to substitute, in good faith, invalid clauses with others, performing the same function as far as possible.

 

16. Dispute: In the event of a dispute of any nature whatsoever, the Courts of the District of Neufchâteau will have sole jurisdiction even in the event of a warranty claim or multiple defendants or plaintiffs. Belgian legislation is applicable.