| GENERAL TERMS AND CONDITIONS |
General terms and conditions
1. Scope
1.1. All orders are handled exclusively in accordance with the General Terms and Conditions below that can also be found on the website www.bkprojects.be. On placement of the order, the client agrees to the application of these terms. The order must be placed in writing. 1.2. The general terms and conditions of the client or any other general terms in purchase orders, order forms or other documents shall not apply unless expressly agreed in writing between the parties. 1.3. If preference is expressly given in writing to a divergence from these terms or to a separate contract, these terms shall continue to apply in at least a complementary manner. 2. Quotation, Conclusion of the Contract 2.1. Quotations are made under complete reservation and do not constitute an obligation on the part of B&K Projects. Quotations are valid only for the period indicated in the quotation, generally 3 months from the date of issue. 2.2. No rights for future orders can be derived from quotations or prices submitted in the past. 2.3. All prices quoted are exclusive of VAT, unless expressly indicated otherwise. 2.4. The fee for translations is based on a word tariff. For activities other than translations, a fee based on an hourly tariff or a global tariff will be invoiced. 2.5. The contract shall come into force with the written acceptance by the client of the quotation from B&K Projects or, if no quotation has been submitted, with the written confirmation by B&K Projects of an order placed by the client. The client is obliged to supply all the necessary documents to B&K Projects within five (5) working days; failing this, the order shall be terminated by law and without the requirement for further communication at the expense of the client, and B&K Projects will be relieved of all obligation and liability. In such cases, the client must request a new quotation. 2.6. The client is the person placing the order, unless it is expressly clear that the client is acting on behalf of and for the account of a third party, and all the necessary information, such as name, address and invoicing data of this third party, are supplied to B&K Projects at the same time. 2.7. B&K Projects assumes no responsibility for the supply of incomplete or incorrect invoicing data by the client. If the client requests a correction of a submitted invoice, an administrative fee of € 50.00 will be charged. 3. Fee and Payment 3.1. The contract shall come into force with the confirmation by the client of the quotation from B&K Projects. From that moment on, the client incurs a payment obligation. 3.2. In the event that the principal is not the client (see 2.6), the principal shall nevertheless remain primarily, at least tacitly, responsible for the payment of all invoices related to his order. 3.3. Any invoice that has not been settled or not settled in full by the due date shall be increased by law by a lump-sum amount and irrevocable damages corresponding to 10% of the overdue amount with a minimum of € 200.00, without the requirement for the client to be put in default. Furthermore, interest on default shall be due by law at a rate corresponding to the basic interest rate in accordance with the Act of
3.4. In the event of failure to comply with the agreed terms of payment, all open invoices and/or debts shall immediately become due and B&K Projects shall have the right – without putting the client in default or legal intervention – to suspend further supplies and/or to consider the contract to be void, notwithstanding the right to claim damages. 3.5. In the event of disputed invoices, the client shall notify B&K Projects of the disagreement by registered letter within eight (8) calendar days of receipt of the invoice, otherwise the right to dispute the invoice shall be voided. 4. Delivery Time 4.1. The delivery and/or completion dates are given only by way of information and are therefore not binding on B&K Projects, unless otherwise expressly agreed between the parties. Delays in delivery and/or completion shall not constitute grounds for penalties, damages, rescission of the contract or refusal to accept the translation. 4.2. B&K Projects cannot be held responsible in any way for the loss of shipments by third parties or for damages during the shipment. 5. Execution, Modification and Cancellation of Orders 5.1. B&K Projects shall execute the contract to the best of its knowledge and belief in accordance with the principles of good workmanship. 5.2. Where required for the good execution of the contract, B&K Projects shall have the right to have certain activities performed by third parties, whether as sub-contractors or otherwise. 5.3. Any modification to the order by the client shall be made in writing and constitutes in principle grounds for a new quotation, at the discretion of B&K Projects. In this case B&K, Projects shall be entitled to adjust the delivery date and/or the fee, or to refuse the order. 5.4. Any cancellation of the contract by the client must be made by registered letter. This shall only be valid with the express confirmation of B&K Projects. In the case of confirmation of the cancellation, the client shall be liable to pay not only the fee for the work already carried out, but also lump-sum damages of 25% of the price of the quotation, unless B&K Projects can prove higher damages. 6. Force majeure 6.1. Force majeure within the context of these General Terms and Conditions is understood, in addition to the legal definition, as meaning all external influences, whether foreseeable or unforeseeable, beyond the control of B&K Projects that prevent B&K Projects from meeting its obligations. These include, but not exclusively, the following: fire, accident, sickness, strike, civil unrest, war, government measures and transport hindrances. 6.2. Cases of force majeure postpone the fulfilment of the obligations by B&K Projects. In this case, B&K Projects shall only be obliged to deliver and to fulfil the obligations as soon as this is reasonably possible. 6.3. If the period for which B&K Projects is unable to fulfil the contractually agreed obligations continues for more than two (2) months, both parties shall be entitled to terminate the contract without in this case incurring the obligation to pay damages. 6.4. If, at the time of the occurrence of the force majeure, B&K Projects has already fulfilled part of the obligations or is able to only partly fulfil the obligations, B&K Projects shall be entitled to invoice the work already carried out separately and the client shall be obliged to settle this invoice as if it concerned a separate contract. 7. Translations 7.1. The delivery of the necessary documents for translation is always for the account of and at the risk of the client. 7.2. For every translation the words, expressions and spelling contained in acknowledged dictionaries will be considered as correct by B&K Projects. The client may, nevertheless, indicate a preference in spelling or choice of words to B&K Projects in advance. 7.3. The client shall supply all the information, documentation and terminology necessary for the good performance of the ordered service to B&K Projects before or during the execution of the contract. If the document contains specific internal abbreviations, the client is requested to also supply the meaning of the abbreviations. 7.4. B&K Projects assumes no liability for damage resulting directly or indirectly from incorrect or incomplete information provided by the client. 8. Liability 8.1. The client must immediately take possession of and check all translations. All complaints about delivered translations must be made by registered letter within 8 calendar days of receipt, otherwise the right to complain about the translations shall be voided. 8.2. In the event that errors are found in the translation and these are reported in good time, B&K Projects shall have the choice of correcting the errors or of paying damages for these errors. 8.3. The damages for which B&K Projects can be liable on the basis of this contract, whatever the cause, type or subject of the demand, shall be limited to 75% of the value of the quotation, exclusive of VAT. 8.4. In the event that the client feels entitled to claim such compensation, he must prove the errors and his damages in an indisputable manner. He shall not be entitled to withhold or delay payment of open invoices. 8.5. B&K Projects shall not be held responsible for: · Errors caused by ambiguities in the text to be translated; · Damage to or loss of the documents, information or information media provided; · Damage resulting from the use of information technologies and telecommunications media; · Consequential and/or indirect damages, including i.a. loss of use and earnings, confusion or damage to electronic data. 8.6. The assessment of the question of whether a text to be translated or the translation involves certain risks for personal injury is purely for the account and risk of the client. 9. Copyrights 9.1. Unless otherwise expressly agreed in writing, B&K Projects reserves the copyright to the translations, texts and course material produced by B&K Projects. The client shall indemnify B&K Projects for claims by third parties of alleged infringement of property and patent rights or copyrights, or other intellectual property rights in conjunction with the execution of the order. 9.2. The client shall only become owner of or receives the right to use the translation supplied from the moment that he has complied with all his payment obligations. Until that point, the client shall not be entitled to use the translations delivered in the broadest sense. 9.3. The ownership of ideas, concepts or drafts provided by B&K Projects shall remain completely with B&K Projects, unless expressly agreed otherwise in writing. 10. Termination 10.1. If the client fails to fulfil his obligations, or in the event of obvious lack of assets, settlement proceedings or bankruptcy on the part of the client, B&K Projects shall be entitled to terminate the contract in whole or in part and/or to suspend the execution of the contract without being required to pay damages. 11. Settlement of Disputes 11.1. If a court ruling declares that one or more articles of these General Terms and Conditions are invalid, this shall not affect the other provisions of these General Terms and Conditions; in this case B&K Projects and the client shall consult one another in order to replace the invalid or invalidated provisions with new and valid provisions. 11.2. Any failure on the part of B&K Projects to demand the exercise of the provisions of these General Terms and Conditions shall not imply the waiving or negation of the application of these or any other provisions. 11.3. All quotations submitted and contracts concluded under the provisions of these General Terms and Conditions shall be subject exclusively to Belgian law. 11.4. In the event of disputes concerning the interpretation, application, termination, cancellation or execution of the contract, or concerning the content of these General Terms and Conditions or other associated subjects, with the exception of the payment of undisputed invoices, the parties shall undertake – before taking legal steps – to appeal for mediation by a recognised mediator on the ground of impartiality. 11.5. Notwithstanding the above, and for all other questions, all disputes arising directly or indirectly out of the contract or associated with the contract shall be referred to the Belgian territorial judge in