General terms and conditions

1. Scope

These general terms and conditions govern every offer, every quote and every building contract concluded between DCM Construction, whose registered office is established at Rue de l'Espérance 255, 4000 Liège, Belgium (BCE/VAT BE 1037.302.162), hereinafter “the contractor”, and its client. They prevail over the client's own terms, save where expressly derogated from in writing and accepted by the contractor. The conclusion of a contract entails acceptance of these terms and conditions.

2. Quotes and offers

Quotes are free of charge and drawn up after a visit to the site. Unless stated otherwise, they are valid for 30 days from their date of issue. After that period, the contractor reserves the right to adjust its offer. A quote binds the contractor only after written acceptance by both parties. Any modification or any additional work requested in the course of the works is the subject of an addendum or of a written agreement.

3. Prices and VAT

Unless stated otherwise, prices are exclusive of VAT. The applicable VAT is added at the rate in force: 21% as a general rule, or 6% for renovation works on private dwellings more than 10 years old, where the legal conditions for that reduced rate are met. The client is responsible for the accuracy of the information it provides for the application of the reduced rate.

4. Advance payments

An advance payment may be required upon order and interim advance payments may be provided for according to the progress of the works, as specified in the quote. Works begin only after payment of the agreed advance.

5. Performance deadlines

Performance deadlines are given as an indication and in good faith. They are extended as of right in the event of bad weather, force majeure, late delivery of materials, modifications requested by the client or any event beyond the contractor's control. An overrun of an indicative deadline may give rise neither to termination of the contract nor to compensation, save where otherwise agreed in writing.

6. Client's obligations

• to ensure free access to the site and, save where otherwise agreed, access to water and electricity;
• to obtain, before the start of the works, the required authorisations and permits (urban planning permit, road authorisations, co-ownership approvals, etc.);
• to report in writing any known constraint of the site (pipework, cables, party walls, easements);
• to pay the invoices on the agreed due dates.

7. Acceptance of the works

On completion of the works, the parties proceed to acceptance, where appropriate jointly on site. Acceptance covers apparent defects: these must be reported at the latest at the time of acceptance, or in writing within eight days of the end of the works if no formal acceptance is organised. Failing any reservation within that period, the works are deemed to have been accepted. Occupation or use of the works without reservation constitutes tacit acceptance.

8. Guarantees

The contractor is bound by the legal guarantees, including the ten-year (décennale) liability provided for by articles 1792 and 2270 of the old Belgian Civil Code for serious defects affecting the soundness or stability of the works, for ten years from acceptance. Minor hidden defects, not covered by décennale liability, must be notified in writing within a reasonable time after their discovery; any action on that ground must be brought within a useful period after the notification. Apparent defects are covered by acceptance, in accordance with article 7.

9. Payment and late payment

Unless stated otherwise on the invoice, invoices are payable at the contractor's registered office within 15 days of their date of issue. Between undertakings (B2B), any late payment gives rise, as of right and without formal notice, to late payment interest at the rate laid down by the Act of 2 August 2002 on combating late payment in commercial transactions, as well as to the fixed recovery compensation provided for by that Act. In respect of consumers, interest and compensation for late payment are applied within the limits of the Code of Economic Law, after the required reminders have been sent.

10. Consumers · mediation and conciliation

In the event of a dispute, a consumer client may have recourse, free of charge or at low cost, to the out-of-court settlement of disputes:

• the Belgian Consumer Mediation Service (Service de Médiation pour le Consommateur), North Gate II, Boulevard du Roi Albert II 8, 1000 Brussels ·mediationconsommateur.be;
• the Belgian Construction Conciliation Commission (Commission de Conciliation Construction), competent for technical disputes between consumer clients and contractors.

11. Right of withdrawal (off-premises contracts)

Where the contract is concluded off premises with a consumer, the consumer has a right of withdrawal of 14 days from the conclusion of the contract, in accordance with book VI of the Code of Economic Law, without reason and without penalty. This right does not apply in the cases of exception provided for by law, in particular where the works have been fully performed with the prior express agreement of the consumer and the acknowledgement of the loss of the right of withdrawal, or for goods made to the consumer's specifications or clearly personalised. If the consumer requests that the works begin during the withdrawal period, the consumer must make that request expressly and remains liable for the services already performed in the event of withdrawal.

12. Applicable law and jurisdiction

Any contract concluded with the contractor is governed by Belgian law. Any dispute falls within the jurisdiction of the courts of the judicial district of Liège, without prejudice to the mandatory rules of jurisdiction applicable to consumers.