General terms and conditions of sale

1Subject of the contract

The purpose of this contract is the performance of electrical works, as well as the supply and installation of the materials necessary for such works, in accordance with the terms and conditions specified in the quotation accepted by the client.

2Acceptance of the quotation

The quotation is valid for a period of 30 calendar days from its date of issue. Acceptance of the quotation by the client must be done in writing or by signing the quotation. Signing the quotation entails full and unreserved acceptance of these general terms and conditions, which are sent at the same time as the quotation.

3Deposit and payment

Unless specific conditions are stated on the quotation, which prevail over this article, payment is structured as follows:

• 50 % of the total amount including VAT is required upon ordering to validate it. This deposit must be paid within 7 days of accepting the quotation.
• 40 % will be invoiced and due during the project, according to a milestone agreed upon by the parties.
• The balance of 10 % must be paid within 14 days of receiving the final invoice, unless otherwise agreed.

In the event of late payment, the company applies the late interest and the recovery indemnity provided for by Belgian law. The rules differ depending on whether the client is a private individual or a business.

• Private client (consumer): a first reminder is always sent free of charge. No interest or cost is claimed before the end of the statutory 14-day waiting period following that reminder. Any amount claimed afterwards never exceeds the caps set by Book XIX of the Belgian Code of Economic Law.
• Business client: late interest is due by operation of law from the day following the due date, at the statutory rate applicable to late payment, together with a fixed indemnity of 40 € for collection costs.

Payments must be made by bank transfer, mentioning the invoice number and the order reference. Bank details are provided on the invoice.

4Supply and replacement of material

The company provides the materials necessary for the execution of the works according to the specifications in the quotation. In case of stock shortage or unavailability of a material, the company may propose a replacement model of equivalent quality, after informing the client. Any supplement requested by the client will result in additional billing.

If an equivalent model is proposed, the company commits to providing prior information on its characteristics.

5Contract modification and additional works

Any additional work requested by the client must be formalised in writing, specifying the description of the work and its additional cost. The company assumes no responsibility for works not provided for in the initial quotation, unless a written agreement for these additional works has been signed by the client.

Additional works may be necessary due to unforeseen conditions during execution. In such cases, the company will inform the client as soon as possible.

6Force majeure

The company is exempt from any liability in the event of force majeure, defined as a sudden, unpredictable and unavoidable event beyond the parties' control, preventing the fulfilment of its primary obligations. However, the company cannot release itself from liability for gross negligence, fraudulent manoeuvres or actions in bad faith.

Events considered force majeure include, but are not limited to: strikes, severe weather, illness, supply difficulties, or any other event independent of the company's will. Each case is evaluated based on the specific circumstances.

7Price revision

Prices are firm, except in the event of a substantial change in unpredictable costs independent of the company's will, such as an increase in raw material prices, social charges or wages. In this event, the price revision will be based on precise, quantified elements and communicated to the client for validation. No price modification will be applied without the client's written agreement.

8Delivery and work timelines

Delivery and execution timelines are provided for indicative purposes only. The company will make every effort to respect these deadlines but cannot be held responsible for delays caused by circumstances beyond its control, in particular force majeure or material delivery delays.

In the event of a delay attributable to the company, the client may request a proportional price reduction or terminate the contract if the non-performance becomes substantial. If the client causes a delay, timelines will be adjusted accordingly.

9Claims and legal warranty of conformity

The client checks the works carried out and the material supplied upon handover. Any defect must be reported to us in writing, with a precise description of what was observed, so that we can act quickly.

• Private client (consumer): the client benefits from the two-year statutory warranty of conformity on the material supplied. It is sufficient to report the defect in writing within two months from the day it was noticed. No clause in these terms reduces that warranty.
• Business client: visible defects must be reported in writing within eight calendar days following handover of the works or delivery of the material. After that period they are deemed accepted. Hidden defects must be reported within one month of their discovery.

The company handles any claim as quickly as possible and in accordance with the statutory warranty.

10Liability and warranty

The works are carried out in accordance with the contract, the rules of the trade, the applicable standards and the General Regulations on Electrical Installations (RGIE) in force at the time of execution.

Acceptance of the works, whether express or implied, constitutes approval of all visible works performed in accordance with the contract, subject to any duly established hidden defects.

The company shall only be liable for serious hidden defects affecting the works and rendering them unfit for their intended use, within the limits of any mandatory legal provisions.

The following are expressly excluded from the company's liability:

• any apparent defects accepted upon handover,
• the consequences of improper use, lack of maintenance or intervention by a third party,
• any modifications made to the installation after acceptance,
• normal wear and tear or ageing of the installation.

Any liability claim must be brought within the statutory limitation periods applicable under Belgian law.

These exclusions do not affect the rights that Belgian law imperatively grants to a private client, in particular the statutory warranty of conformity.

11Termination rights and suspension of works

Each party has the right to terminate the contract in the event of non-performance of obligations by the other party. In case of non-payment or substantial non-performance by the client, the company may suspend the works after a formal notice has remained without effect, or terminate the contract early, with potential restitution of unpaid materials. Reciprocally, the client may terminate the contract in the event of a delay or substantial non-performance by the company, after a written formal notice has remained unanswered.

12Presumption of acceptance of the general terms

The consumer is deemed to have read and accepted these general terms and conditions before signing the contract. It is the company's responsibility to provide clear access to these terms and to collect proof of acceptance. This can be done by signing a document or by any other form of explicit consent, such as an e-mail with a mention of acceptance.

13Disputes and applicable law

In the event of a dispute, the parties first strive for an amicable solution. This contract is governed by Belgian law.

• Private client (consumer): the client may contact the Belgian Consumer Mediation Service free of charge before taking legal action. The competent courts are those designated by the Belgian Judicial Code, in particular those of the consumer's place of residence.
• Business client: the courts of the judicial district of Brussels have sole jurisdiction.

Each party bears its own defence costs, unless the court decides otherwise, applying the statutory rules on procedural indemnity.

14VAT rates

6 % VAT rate

In the absence of a written dispute within one month of receiving the invoice, the client is presumed to acknowledge that (1) the works are performed on a residential building first occupied during a calendar year at least ten years before the date of the first invoice relating to these works, (2) that after the execution of these works the dwelling is used either exclusively or primarily as a private dwelling, and (3) that these works are supplied and invoiced to a final consumer. If at least one of these conditions is not met, the standard VAT rate of 21 % will apply and the client will assume, in respect of these conditions, responsibility for the payment of the tax, interest and fines due.

0 % VAT, reverse charge

In the absence of a written dispute within one month of receiving the invoice, the client is presumed to acknowledge that they are a taxable person required to file periodic returns. If this condition is not met, the client will assume, in respect of this condition, responsibility for the payment of the tax, interest and fines due.

15Property management (syndic) and neighbours

The client is required to inform the building management (syndic) and the neighbouring occupants prior to the commencement of the works. Tapelec declines all responsibility for delays in the execution of the works resulting from a failure to notify the syndic.

16Execution conditions

Tapelec reserves the right to refuse or suspend the works if the condition or cleanliness of the site presents a health or safety risk to the electricians. This includes, without being limited to, the presence of animal excrement, mould, excessive waste, asbestos or any other unsanitary element. The works will only resume once the site has been brought into compliance, without any liability for Tapelec for any resulting delays.

17Image rights and publication of the works

The company may take photographs and videos of the works for its own promotion and social media, only with the prior and explicit consent of the client. This consent is free and separate from the contract: a refusal has no effect on the price, the lead time or the performance of the works. The client may withdraw their consent at any time and request the removal of the publications. The company undertakes to comply with such a request promptly.