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General terms and conditions

  1. DEFINITIONS
    In these terms and conditions, the following definitions apply:
    • A.R.M. Group (company number 1021.367.339): the contractor, hereinafter also referred to as “we.”
    • Client: any natural or legal person who enters into an agreement with A.R.M. Group.
    • Agreement: any contractual agreement, written or verbal, between A.R.M. Group and the client.
    • Work: all services offered or performed by us, including inspection, maintenance, repair, modification, or installation as included in the agreement.
    • Product: any goods or services delivered or used in the performance of the agreement.
    • Service: the total activity as agreed in the quotation, work order, or schedule.
  2. APPLICABILITY
    1. These general conditions apply to all our offers, quotations, deliveries and agreements.
    2. Deviations from and additions to these general terms and conditions and the agreement are only valid if they have been expressly agreed in writing between the Contractor and the Client, or by their duly authorized representatives.
    3. Such deviations or additions shall only be binding for the specific case for which they have been agreed.
    4. In case of contradictions between the provisions of these General Terms and Conditions and the provisions of a separate written agreement, the provisions of the written agreement shall prevail.
  3. QUOTATIONS AND AGREEMENT
    1. Quotations are non-binding and remain valid for 30 days.
    2. All prices quoted are always exclusive of VAT, additional taxes or duties.
    3. When a quotation is established based on data, documents, drawings, materials or other information provided by the Client, the Client is responsible for the accuracy, completeness and reliability of this input.
    4. In addition, the client must indicate with due care the technical and functional requirements that the services to be provided must meet, so that the contractor can carry out the work correctly, safely and efficiently.
    5. An agreement is concluded upon written acceptance by the Client or actual commencement of the works.
  4. SCOPE OF WORK
    1. The scope of work shall be determined on the basis of the information provided by the Client in the application or request for quotation.
    2. Only the work expressly stated in the quotation or written agreement shall form part of the accepted order.
    3. Any work outside this scope shall be considered additional work and will be charged separately.
    4. If, during execution, it appears that additional work is necessary, we will communicate this with the Client as soon as possible and only proceed with execution after approval.
    5. The client is responsible for obtaining all necessary permits and for making the installation(s) to which the works relate, available safely and on time.
    6. Any delays or costs arising from the absence of these conditions shall be borne entirely by the Client.
  5. SPECIFICATIONS AND ADDITIONAL WORK
    1. Unless otherwise agreed in writing, the work will be carried out during normal working hours (Monday to Friday, between 8 a.m. and 5 p.m.) with a maximum of 8 hours per day. Working outside these hours, at weekends or on Belgian public holidays will result in additional charges.
    2. The deployment per service engineer is always a minimum of 4 hours excluding travel expenses.
    3. If it appears during inspection or execution that additional work is required, this will be carried out at standard market conditions.
    4. If it appears that the work cannot be carried out in our workshop, additional costs will be charged to the Client.
    5. We are not liable for defects resulting from incorrect or incomplete information provided by the Client. Additional costs, including any additional costs resulting from inaccuracies, incompleteness or necessary adjustments after the quotation has been drawn up, will be passed on in full to the Client.
    6. Additional work or delay due to force majeure: This includes, but is not limited to: natural disasters, fire, floods, epidemics or pandemics, war, strikes, government measures, electricity failures, network or communication technology failures, sabotage, terrorism, extreme traffic congestion, failure of suppliers or subcontractors, as well as unfavourable weather conditions that make it impossible to carry out work safely or in a technically responsible manner (such as storm, heavy rainfall, black ice, heat waves or freezing temperatures). Additional costs will be settled in such cases in accordance with A.R.M. Group’s unit rates.
    7. For work carried out on site at the Client’s premises, a minimum of two service engineers will always be provided for safety reasons. This requirement may be waived if the Client provides an additional person. This must be confirmed in writing by the Client.
  6. DELIVERY, TRANSPORT AND TERMS OF EXECUTION
    1. Delivery and transport of goods or materials are at the Client’s risk, unless other agreements have been made in writing. If we are responsible for transport, all related costs such as packaging, insurance and transport shall be charged in full to the Client.
    2. The stated delivery and execution terms are always indicative and approximate. We undertake to meet these deadlines to the best of our ability, but delays shall not entitle the Client to compensation, cancellation of the order or refusal of the performance delivered.
    3. If goods are not taken by the Client after the expiry of the agreed delivery time, or if they cannot be assembled or fitted at the agreed location due to circumstances, these goods remain at the Client’s disposal. In that case, they shall be stored at the expense and risk of the Client. In such a case, the goods shall already be invoiced at 80%.
  7. HANDOVER
    1. Upon completion of the work, the Client will be notified of the completion.
    2. Completion shall be deemed accepted if the Client does not object in writing with a clear description of the defects within 5 working days of notification.
    3. Kleine gebreken die de werking niet verhinderen, geven geen recht op weigering van de oplevering, maar worden zo spoedig mogelijk verholpen. 7.4 Indien de opdrachtgever de installatie zonder voorafgaand schriftelijk protest in gebruik neemt, geldt dit als stilzwijgende aanvaarding van de oplevering.
  8. RIGHT OF RETENTION
    1. We reserve the right to retain materials or installations in our possession until outstanding amounts have been paid in full.
  9. COMPLAINTS
    1. Complaints about visible defects must be made in writing within 8 days of delivery or execution.
    2. Complaints about hidden defects must be reported in writing within 6 months of execution.
    3. Any complaint about invoices must be reported in writing within 8 days of the invoice date.
    4. Breaches of these provisions shall result in the loss of all rights to complaint or compensation.
  10. LIABILITY
    1. We shall only be liable for proven damage arising from intent or gross negligence.
    2. Our liability is limited to the invoice amount of the work, with the proviso that only damage that is the direct and exclusive result of an attributable failure qualifies for compensation, and only insofar as such damage is covered by our insurance or is legally attributable.
    3. We shall never be liable for indirect or consequential damage, such as loss of profit, missed savings, business interruption, or damage due to improper use of our products or services.
    4. We accept no liability for damage to items in or near the work site, unless we are insured for this and the damage results from gross negligence.
    5. The Client must give us written and timely notice of default in the event of an alleged shortcoming, with a clear description and a reasonable repair period. Only at the expiry of this period will liability arise.
    6. Any claim for damages shall lapse by operation of law if the Client fails to report the damage in writing within a reasonable period, and in any case after 6 months from its occurrence.
    7. The Client is liable for damage to our materials or tools on his premises, except in case of demonstrable fault on our part.
    8. The Client shall indemnify us against claims by third parties based on drawings, models or other data supplied by him.
    9. The limitations in this article also apply in favor of all (legal) persons whom we engage in the performance of the agreement.
  11. WARRANTIES
    1. A 6-month warranty applies to complete overhauls, provided they are used professionally. If used for more than 8 hours per day, the warranty is reduced by half.
    2. No warranty is provided for parts that have not been replaced.
    3. Second-hand equipment is supplied without warranty.
  12. PAYMENT
    1. Payment must be made within 30 days of the invoice date.
    2. In the event of non-payment, interest of 10% per annum plus 15% administration and collection costs shall be payable by law.
    3. We reserve the right to demand securities or advance payments.
  13. CANCELLATION AND DISSOLUTION
    1. In the event of bankruptcy, confiscation or force majeure, either party may cancel the contract immediately and without judicial intervention.
    2. In the event of cancellation after commencement of work, we reserve the right to compensation for all services delivered and costs incurred.
    3. In the event of cancellation of work already planned within 24 hours, 20% of the tender amount plus costs already incurred shall be due. For work on time and materials, a fixed cost of €500 will be charged.
  14. STANDSTILL CLAUSE
    1. We reserve the right to adjust prices or conditions if circumstances (such as regulations, import duties, permits) change and are detrimental to us.
  15. TRANSFER OF RIGHTS
    1. The Client may not assign any rights or obligations under the agreement to third parties without our written consent.
  16. INVALIDITY
    1. If any of the terms of these conditions are invalid, the other terms shall remain in full force and effect.
  17. INTELLECTUAL PROPERTY
    1. All documents, plans, drawings, manuals and reports remain our property.
    2. They may not be used or distributed without permission.
  18. INTEGRITY AND ETHICAL BUSINESS PRACTICES
    1. A.R.M. Group has a zero-tolerance policy on corruption, bribery, money laundering and other unethical practices. Contracting parties undertake to act honestly, transparently and in accordance with the law at all times.
    2. It is prohibited to offer, request or accept benefits that could influence the integrity of business decisions. Cash gifts, vouchers and other inappropriate benefits are not permitted.
    3. The contracting party shall avoid conflicts of interest and immediately report any suspected violation of these provisions to A.R.M. Group.
    4. Non-compliance may result in immediate termination of the agreement, without prejudice to the right to compensation.
  19. APPLICABLE LAW AND COMPETENT COURT
    1. These terms and conditions are governed exclusively by Belgian law.
    2. Disputes shall be submitted exclusively to the competent court of the district where A.R.M. Group has its registered office.