1. The present general conditions form the contract binding the parties, to the exclusion of conditions specific to the client. No derogation from these general conditions will be accepted unless written agreement from ABI-CVR s.a. is obtained. The absence of enforcement of a clause established in these general conditions cannot be interpreted as a waiver by ABI-CVR s.a. to rely on it.
  2. By placing an order with ABI-CVR s.a., the client acknowledges having been informed and documented about the products and services of the company.
  3. The offers from ABI-CVR s.a. are made without obligation and, unless otherwise stipulated, are valid for one month. ABI-CVR s.a. can only be considered engaged upon written acceptance by a person with social signature and under the express condition of approval of the technical aspects by a qualified person delegated by the company. In the event that this examination proves negative, the order form will be considered void even if a deposit has already been made. The client will be bound as soon as they have contracted with an agent of ABI-CVR s.a..
  4. The offers from ABI-CVR s.a. are understood exclusive of VAT and any potential costs for water and electricity supply. The offers cannot be extended to supplies or works that are not formally mentioned. Unless otherwise stipulated, these offers also exclude installation, finishing, connections, and site cleaning. The client is solely responsible for any potential exemption or price reduction they may benefit from and must inform ABI-CVR in writing at the time of placing the order. In any case, the obtaining or not of a potential bonus, exemption, or price reduction has no impact on the price offer issued by ABI-CVR or, by extension, on the validity of the contract between the parties.
  5. If the client wishes to make changes to the offer submitted to them, ABI-CVR s.a. will only be bound upon written acceptance by a person with social signature. If a modification request occurs after the order has been accepted, ABI-CVR s.a. is not obliged to favorably accommodate this request. If applicable, an amendment to the contract must be established. This amendment will contain the agreed modifications and their repercussions on other clauses of the contract (execution deadlines, price, technical specifications…).
  6. In case of cancellation of the order by the client before manufacturing begins, they agree to indemnify ABI-CVR s.a. for a fixed amount of 40% of the agreed price, in addition to reimbursing ABI-CVR s.a. for all costs incurred up to the day of cancellation. In case of cancellation of the order by the client after manufacturing has begun, they agree to indemnify ABI-CVR s.a. for a fixed amount of 80% of the agreed price, in addition to reimbursing ABI-CVR s.a. for all costs incurred up to the day of cancellation.
  7. The client agrees that the prices communicated in the offer may be increased:
    • in the event that the measurements taken from plans or communicated by the client (or any third party mandated for this purpose) need to be readjusted;
    • in case of a modification request or additional work made after acceptance of the order, and in compliance with article 5;
    • if the order cannot be executed within the agreed timeframe due to the client.
  8. The client will ensure easy access to their premises, even if their premises are made available to third parties. They will communicate, if necessary, the contact details of the third party. The client will also ensure the electrical supply (220 volts) and water connection. They agree to notify ABI-CVR s.a. in writing of any particular organizational difficulties, failing which the communicated prices may be increased accordingly. In any case, if on the agreed date, the workers of ABI-CVR s.a. are unable to proceed with the installation or delivery ordered, a minimum compensation of €300 per worker will be due to ABI-CVR s.a., in addition to a daily fee of €25 for insurance and storage costs.
  9. The client confirms that they intend to handle all necessary procedures regarding the required permits for the planned works, fully releasing ABI-CVR s.a. from any responsibility.
  10. The client agrees to take all necessary precautions to adequately protect their premises against all types of damage that may be related to the ordered works. Non-compliance with this clause releases ABI-CVR s.a. from any liability.
  11. ABI-CVR s.a. reserves the right to make any technical modifications, at the client's expense, in case of legislative, regulatory changes and/or adaptation of industry standards. ABI-CVR s.a. also reserves the right to make, at any time and without notice, any technical modifications it deems useful, without altering the supplies delivered previously.
  12. The manufacturing of frames and the installation rules are defined by ABI-CVR s.a. in compliance with the standards of the C.S.T.C.
  13. Delivery and execution deadlines are provided for informational purposes only and will be respected as far as possible by ABI-CVR s.a.. A delay in execution cannot, however, give rise to any compensation, damages, or termination of the contract.
  14. In case of delivery without installation, the goods travel at the client's risk and peril, even if the shipment is free of charge.
  15. External jointing, connection, and electrical tubing works are always at the client's expense.
  16. When installation is performed by ABI-CVR s.a., any commitments made regarding acoustic insulation are limited exclusively to the sound insulation of the glazing, with no guarantee provided regarding the sound insulation of the building.
  17. Claims related to delivered products and/or executed works are only admissible if communicated to ABI-CVR s.a. by registered letter within eight days of delivery or service. These claims do not suspend the obligation to pay by the agreed deadline.
  18. The works are executed under the benefit of the warranties of ABI-CVR s.a.'s suppliers. The client agrees that the responsibility of ABI-CVR s.a. cannot, under any circumstances, extend beyond the repairs and/or replacement of recognized defective parts, excluding any damages, of any nature whatsoever. The client acknowledges that the benefit of the warranty is subject to proper use and maintenance of the supplied parts and/or products, understanding that this warranty will no longer be granted if a third party intervenes on the executed works.
  19. The goods are payable in Brussels at a rate of 40% upon order, 55% at the start of the works, and the balance at the end of the works. These payments condition the execution of the order and/or its delivery.
  20. Failure to pay on due dates automatically and without notice incurs the obligation for the client to pay a monthly interest of 1% on the amount due. The client is also required to pay a contractual additional indemnity of 15% with a minimum of €500, without prejudice to the application of the law of August 2, 2002, regarding commercial transactions. In case of non-payment on the agreed dates, ABI-CVR s.a. also reserves the right to immediately suspend any further execution of works or deliveries, independently of its right to terminate the contract due to the buyer's faults and grievances, by simple notification by registered letter and to demand payment of the entire contract, in addition to damages.
  21. The goods remain the property of ABI-CVR s.a. until full payment is made. In case of non-payment of an invoice at its due date, the client expressly agrees to allow ABI-CVR to access their premises to recover its goods, potentially through a carrier sent by ABI-CVR. The client will bear all costs incurred by the recovery of the goods.
  22. In case of dispute from the client regarding the services of ABI-CVR s.a., the client is prohibited from withholding the remaining amount due on their order and is obliged to pay it into a jointly blocked account upon delivery.
  23. In accordance with the law, ABI-CVR s.a. reserves the right to transfer the claim(s) to a third party.
  24. The potential nullity of a clause in these general conditions does not affect the validity of the other provisions.
  25. This agreement is governed by Belgian law and any dispute related to it will be exclusively under the jurisdiction of the courts of the Brussels district.
  26. In case of dispute regarding the quality of the works executed by ABI-CVR s.a., the parties agree to jointly request and share the costs of the opinion of the C.S.T.C. This opinion will irrevocably bind the parties.