General Terms and Conditions of Alex Construction BV

Company: Alex Construction BV

Website: https://alexconstructions.be/

Email: info@alexconstructions.be

VAT Number: BE0779.280.974

Applicability

These General Terms and Conditions apply to all quotations, contracts, deliveries, and services provided by Alex Construction BV (hereinafter referred to as “Alex Construction”) and the customer. Deviating conditions or provisions are only valid if explicitly agreed upon in writing between Alex Construction and the customer.

Quotations

All quotations from Alex Construction are non-binding and have a validity period of 30 days unless stated otherwise. Quotations are based on the information provided by the customer. Alex Construction is not bound by obvious errors or omissions in its quotations.

Contracts

A contract is formed when the customer receives an order confirmation from Alex Construction and confirms it in writing or by email. The customer is responsible for the accuracy of the information provided.

Delivery

Alex Construction will make every effort to meet the agreed-upon delivery time(s) as accurately as possible. Delay in delivery does not entitle the customer to terminate the contract unless the delay is such that it cannot reasonably be expected of the customer to maintain the contract. Alex Construction is not liable for damages resulting from delivery delays.

Prices and Payment

Prices quoted by Alex Construction are exclusive of VAT and other taxes unless otherwise stated. Payment must be made within 14 days from the invoice date, unless otherwise agreed. In case of late payment, the customer is automatically in default, and Alex Construction is entitled to charge statutory interest.

Ownership Reservation

The delivered materials remain our property until full payment is received.

Payment

Our invoices are, unless otherwise agreed, payable in cash at our registered office. In case of non-payment on the due date, a late payment interest of 1% per month will be due automatically, without notice. In case of non-payment on the due date, a fixed compensation of 10% of the invoice amount will also be due, with a minimum of €300. The issuance and/or acceptance of bills of exchange do not constitute a renewal of the debt. Failure to comply with our payment terms gives us the right to suspend all deliveries and work at the risk of the client. Non-payment on the due date is also considered a serious breach, entitling us to demand the termination of the contract. Payments are always first allocated to interest-free debts, then to interest, and only then to the principal or the capital.

Payments not expressly allocated will also be first allocated to the interest on all debts, starting with the highest interest balance. In case of non-payment on the due date of a single invoice, all invoices will become immediately due and payable by operation of law.

Alex Constructions reserves the right to issue advance and interim invoices for each project.

Warranty and Liability

Alex Construction guarantees the soundness of the products and services it delivers. If the customer reports defects in writing within 14 days of delivery, Alex Construction will rectify these defects as soon as possible. Alex Construction is not liable for the customer’s indirect damages, including consequential damages, immaterial damages, loss of profit, and loss of turnover.

Minor Hidden Defects

For a period of two years after provisional acceptance, the contractor is liable for minor hidden defects not covered by Articles 1792 and 2270 of the Civil Code. Except for forfeiture of the contractor’s liability, the defect must be reported by the client within 2 months from its discovery or from the day it should have been known.

Any legal action on this ground is only admissible if it is brought within a period of one year from the day the client became aware or should have become aware of the defect. However, this period is suspended during the period of serious negotiations aimed at finding a solution to the problem.

The liability regarding materials we do not manufacture ourselves is limited to the warranties provided by the manufacturer.

Force Majeure

In case of force majeure, Alex Construction is not obliged to fulfill its obligations towards the customer. Force majeure includes, among other things, fires, theft, computer failures, power outages, natural disasters.

Safety and Environment

During the execution of construction and renovation work, Alex Construction complies with the applicable laws and regulations regarding safety and the environment. The customer must ensure a safe working environment and report any safety and environmental restrictions before work commences to Alex Construction.

Materials

Alex Construction will make efforts to deliver and use materials of good quality in the execution of work. If the customer provides materials, the customer is responsible for the quality and suitability of these materials. Alex Construction is not liable for damages resulting from the use of defective materials.

Changes and Additional Work

If changes or additional work becomes necessary during the execution of work, Alex Construction will consult with the customer about it. The customer will be informed in a timely manner about the costs of these changes or additional work.

Termination

If the customer terminates the agreement prematurely, the customer is required to compensate Alex Construction for work performed up to that point and costs incurred.

Applicable Law and Dispute Resolution

Only Belgian law applies to all agreements between Alex Construction and the customer. Disputes arising from or related to the agreement will be submitted to the competent court in the district where Alex Construction is established.

Privacy and Data Protection

Alex Construction will process the customer’s personal data in accordance with applicable privacy laws. The customer has the right to access, correct, and delete their personal data.

Warranty under Belgian Legislation

In accordance with Belgian legislation, Alex Construction is liable for defects occurring in the construction and renovation work it performs. This liability extends for a period of 10 years from the completion of the work, unless otherwise agreed.

If the customer discovers defects within a period of 2 years after completion, the customer must report them in writing within a reasonable time to Alex Construction. Alex Construction will then make efforts to rectify these defects. If Alex Construction fails to rectify these defects, the customer has the right to have the defects repaired at the expense of Alex Construction by a third party.

The warranty does not apply to defects resulting from normal wear and tear, improper or inappropriate use, alterations made by the customer or a third party, or if the customer did not report the defects in a timely manner.

Alex Construction’s liability is limited to the amount of work performed by it. Alex Construction is not liable for the customer’s indirect damages, including consequential damages, immaterial damages, loss of profit, and loss of turnover.

The customer indemnifies Alex Construction against claims from third parties related to the work performed by Alex Construction.