General Terms and Conditions of AS Built B2B and B2C terms for
electrical works
Article 1. Legal information
1.1. Identity
These General Terms and Conditions apply to AS Built, with enterprise
number BE0415.420.316 and registered office at Willem de Ganckstraat
21, 1730 Asse, hereinafter referred to as “AS Built”. AS Built carries out
electrical works for Consumer Customers, Business Customers, building
clients, owners, contractors, property developers, property co-ownership
managers and other commissioning parties. The Works may include the
installation, extension, modification, repair, connection, testing,
maintenance and commissioning of electrical installations, wiring,
distribution boards, fuses, residual current devices, switches, sockets,
lighting, home automation, electrical appliances, charging stations, home
batteries, control systems and other electrical or directly related
installations. AS Built does not carry out solar panel works. The installation
or connection of solar panels, solar collectors and directly related inverters
is not part of AS Built’s standard activities, unless expressly agreed in
writing for a specific assignment.
1.2. Contractual balance and severability
These General Terms and Conditions are intended to provide a clear,
workable and balanced framework for cooperation between AS Built and
the Customer, taking into account the technical nature of the Works and
the Customer’s status. If any provision is wholly or partly invalid, void or
unenforceable, the remaining provisions shall remain fully applicable.
Within the limits of applicable law, the provision concerned shall be
replaced by a valid and enforceable provision that reflects its original
purpose and economic balance as closely as possible. For a Consumer
Customer, a provision contrary to mandatory consumer law shall be
disapplied only to the extent necessary.
1.3. Cooperation in good faith
The Parties shall perform the Agreement in good faith and provide each
other with the cooperation reasonably required for the proper preparation,
scheduling and execution of the Works. The Customer shall provide the
necessary information, access, decisions, approvals and cooperation in
good time.
Article 2. Definitions
For the purposes of these General Terms and Conditions, the following
definitions apply:
(i) Customer: any natural or legal person requesting a Quotation, placing
an order or having Works carried out;
(ii) Commissioning Party: the person contracting with AS Built and to
whom AS Built issues invoices;
(iii) Consumer Customer: a natural person acting for purposes outside
their trade, business, craft or profession;
(iv) Business Customer: a natural or legal person acting in the course of
their trade, business, craft or profession;
(v) Installation: any electrical installation, wiring, distribution equipment,
lighting, charging station, home battery, home automation installation,
control system, electrical connection or other electrical system to which the
Works relate;
(vi) Works: all services performed by AS Built under the Agreement,
including advice, technical preparation, supply, transport, installation,
connection, extension, modification, repair, testing, maintenance and
commissioning;
(vii) Quotation: the written or digital proposal in which AS Built describes
the nature, scope, price or pricing basis, anticipated schedule and
conditions of the Works;
(viii) Order Confirmation: the written or digital confirmation of the agreed
Works, price, schedule and practical conditions;
(ix) Materials: all cables, conduits, switches, sockets, distribution boards,
protective devices, appliances, charging stations, batteries, fixings and
other goods supplied or used by AS Built;
(x) Special-Order Materials: Materials ordered, assembled, configured,
programmed or modified specifically for the assignment at the Customer’s
request, or which cannot be sold to another customer without loss of
value;
(xi) Additional Works: services, Materials, working hours, travel,
investigations, safety measures, waiting time or other costs not included in
the original Quotation and arising from a change, a differing condition,
inadequate preparation, a Customer instruction, third-party Works or a
circumstance that could not reasonably have been identified before
execution;
(xii) Time and Materials Works: Works charged on the basis of hours
actually worked, Materials used, travel, waiting time and other costs
communicated in advance;
(xiii) Site: the dwelling, business premises, technical room, land or any
other location where the Works are carried out;
(xiv) Work Area: the specific area where the Works are carried out or
where the Installation, Materials or work equipment are located;
(xv) Job Sheet: a written or digital record of hours worked, Materials,
Additional Works, travel, waiting time, findings and other services;
(xvi) Odoo: the digital administrative and operational environment used by
AS Built for, among other things, quotations, sales orders, scheduling,
work orders, time recording, materials recording, Job Sheets,
photographs, documents, digital signatures, invoicing and customer follow-
up; and
(xvii) Durable Medium: any instrument enabling the Customer to store
information addressed personally to them in a way accessible for future
reference for a period adequate for its intended purpose and allowing
unchanged reproduction.
“In writing” also includes: by letter, email, digital confirmation, electronic
Job Sheet, Odoo record, site report, photograph, customer portal message
or any other durable means of communication that sufficiently evidences
the content of an agreement.
Article 3. Contract documents and enforceability
3.1. Contract documents
These General Terms and Conditions, the Quotation, the Order
Confirmation, the expressly accepted technical information and
subsequent written or digital arrangements together constitute the
Agreement. A Job Sheet, time record, materials record, photograph, site
report or Odoo record serves as evidence of services performed or
findings recorded. Such records amend the price or scope of the
Agreement only where they sufficiently clearly show that AS Built and the
Customer intended this.
3.2. Provision to the Consumer Customer
For a Consumer Customer, these General Terms and Conditions shall be
made available in a clear and comprehensible manner on a Durable
Medium before the Agreement is concluded at the latest, for example as
an attachment to the Quotation, by email, via Odoo or via a customer
portal. The Consumer Customer must be able to consult, store and
reproduce the General Terms and Conditions. Contractual information
shall be provided in accordance with the applicable provisions of the Civil
Code, including Article 5.23 of the Civil Code, insofar as that provision
applies to the particular agreement.
3.3. Order form where execution is deferred for a Consumer
Customer
Where a Consumer Customer has paid an advance and execution of the
Works is wholly or partly deferred, AS Built shall provide the Consumer
Customer with an order form or equivalent document on a Durable
Medium. Where relevant, this order form or equivalent document shall
state the Parties’ identities and contact details, the nature of the Works,
the Installation concerned, the agreed price or calculation method, the
advance paid, the amounts still due insofar as determinable, and the
planned execution date or period insofar as known. This order form shall
be drawn up in accordance with the applicable provisions of Book 5 of the
Civil Code, including Article 5.23 where applicable, and shall not prejudice
the Consumer Customer’s mandatory rights.
3.4. Enforceability against the Business Customer
For a Business Customer, these General Terms and Conditions are
enforceable where they have been made available before or at the latest
upon conclusion of the Agreement and the Business Customer has
accepted the Quotation, Order Confirmation, Order or Agreement.
Acceptance may be evidenced by a signature, digital approval, placement
of the order, payment, commencement of the Works, receipt or use of the
Materials, or failure to raise a timely and reasoned objection. In an
established trading relationship, these General Terms and Conditions shall
continue to apply to subsequent assignments where they were previously
communicated to the Business Customer and no timely objection was
raised.
3.5. The Customer’s terms and conditions
The Customer’s general or special terms and conditions shall not apply
unless AS Built expressly accepted them in writing before conclusion of
the Agreement. A reference to the Customer’s own terms on an order
form, purchase order, email, digital platform, invoice or other document
does not constitute acceptance.
3.6. Order of precedence
In the event of conflict, the most specific and most recent written
arrangement shall prevail, followed by the Order Confirmation, the
Quotation, the expressly accepted technical information and these General
Terms and Conditions.
Article 4. Pre-contractual information under Article 5.16 of the Civil
Code
4.1. Information provided by AS Built
Before conclusion of the Agreement, AS Built shall provide the information
reasonably necessary to enable the Customer to make an informed
decision, in accordance with Article 5.16 of the Civil Code and other
applicable statutory information obligations. Depending on the assignment,
this information concerns the nature and scope of the Works, the main
Technical Specifications, the Quotation price or price calculation method,
payment terms, anticipated schedule, the Customer’s preparatory
obligations, possible Additional Works, maintenance and use obligations,
the complaints procedure and the applicable conformity, warranty and
liability regime.
4.2. Information provided by the Customer
The Customer shall provide in good time all complete and accurate
information required to assess, estimate, schedule and safely carry out the
Works.
4.3. Consequences of missing or inaccurate information
Where information is missing, inaccurate, incomplete or no longer current,
AS Built may suspend or modify the Works, propose additional
investigations, amend the price and schedule, or refuse execution where
safe or technically sound execution is not possible.
Article 5. Quotation and formation of the Agreement
5.1. Quotation
AS Built may prepare a Quotation based on a site visit, plans,
photographs, technical information, an existing study, Customer data or a
combination thereof. The Quotation remains valid for fourteen calendar
days unless another period is stated. After that period, AS Built may adjust
the price, Materials, availability, schedule and other conditions.
5.2. Quotation request via Odoo
For the Quotation, the Customer shall provide the information reasonably
required by AS Built, including Customer details, the Site address, the
nature of the building, the existing electrical Installation, the desired
Works, technical requirements, desired timing and the presence of other
contractors. The Customer is responsible for the accuracy and
completeness of the information supplied via Odoo, email, telephone, a
customer portal or any other communication channel.
5.3. Content and limitations
Where relevant, the Quotation states the nature and scope of the Works,
the Installation, the Materials, the price or pricing basis, the anticipated
schedule, the advance payment, payment terms and practical conditions.
Unless expressly stated otherwise, the Quotation does not include a
structural stability study, architectural services, EPB or energy-related
services, permits, general site coordination, modification of the grid
connection, excavation, cutting and demolition works, painting or
plastering, repair of existing damage or solar panel works.
5.4. Digital acceptance and sales order
The Customer may accept a Quotation in writing, digitally or via Odoo.
Following acceptance, AS Built may convert the Quotation in Odoo into a
sales order, work order or other internal execution record. This conversion
is administrative processing of the accepted Agreement and does not
constitute a new or amended Agreement unless AS Built and the
Customer expressly agree otherwise.
5.5. Formation
The Agreement is formed by written or digital acceptance of the Quotation,
an Order Confirmation, an order form accepted by AS Built, digital
approval in Odoo, another unequivocal instruction or the actual
commencement of the Works. Actual commencement of the Works may
constitute acceptance of the assignment, the pricing basis and these
General Terms and Conditions, provided the Customer has had the
opportunity to acquaint themselves with them.
5.6. Changes
Changes to the Works, Materials, execution, schedule or safety conditions
shall be confirmed in writing or digitally before execution where they affect
the price, schedule, risks or scope of the Agreement. A change requested
by the Customer, their representative, architect, site manager or other
authorised person may give rise to Additional Works and an adjusted
execution period.
Article 6. Odoo and digital execution
6.1. Use of Odoo
AS Built may use Odoo for preparing quotations, digital acceptance, sales
orders, scheduling, work orders, time recording, materials recording,
Additional Works, Job Sheets, photographs, site reports, documents,
digital signatures, invoicing, complaints handling and customer follow-up.
6.2. Digital confirmations
Digital acceptance, approval, recording or confirmation via Odoo, email, a
customer portal or another digital channel accepted by AS Built may
constitute written evidence of the relevant action or communication. This
includes acceptance of a Quotation, approval of Additional Works,
confirmation of a schedule, recording of hours worked and Materials used,
and receipt of documents.
6.3. Evidential value
Data recorded in Odoo, together with the associated emails, photographs,
Job Sheets and documents, may be used as evidence of the content, date
and dispatch of the relevant communication or service. The Customer may
demonstrate that a record is factually incorrect. A general or unreasoned
challenge is insufficient.
6.4. No automatic acceptance of price
An Odoo record of hours, Materials, Additional Works or a Job Sheet does
not automatically constitute final acceptance of the price by the Customer
unless the record is expressly designated as approval or acceptance. For
a Consumer Customer, the statutory rules on prior information and
approval of Additional Works shall be complied with.
6.5. Electronic Job Sheets
The Customer may be asked to check and sign an electronic Job Sheet or
digital record. Unless expressly stated otherwise, the electronic signature
confirms receipt or acknowledgement of the recorded services and does
not automatically constitute acceptance of every amount or every technical
result. Where the Customer does not sign or respond, AS Built may
complete the Job Sheet based on its records, photographs, measurement
data and other evidence.
6.6. Photographs and site reports
AS Built may retain photographs, documents and site reports in Odoo for
execution, evidence, quality control, complaints handling, insurance,
maintenance and customer follow-up. Before execution, the Customer
shall identify any commercially sensitive information, persons, rooms or
documents that may not be photographed or recorded.
6.7. Invoicing via Odoo
AS Built may prepare the invoice based on the sales order, Job Sheet,
time records, materials records, Additional Works, approved digital
documents and other Odoo data. The Odoo record does not prejudice
statutory requirements concerning invoicing, provision of information or
consumer protection.
6.8. Digital communication
Notices, scheduling messages, requests for information, approvals,
warnings and other communications may be sent via Odoo, email or
another digital channel accepted by AS Built. The Customer shall ensure
that their contact details and user accounts are accurate and up to date.
Article 7. Site, safety, permits and preparation
The Customer shall ensure that the Site is safe, clear, reachable and
accessible, and that the necessary space, lighting, parking and loading
facilities are available. The Customer shall arrange the shutdown, de-
energisation, disconnection and release of existing Installations where
necessary. The Customer shall report asbestos, hazardous substances,
gas, water, emergency power, batteries, high temperatures, pressure, fire
or explosion risks, contamination and other particular risks. The Customer
shall coordinate with the architect, main contractor, site manager, grid
operator and other contractors. The Customer is responsible for permits,
notifications, authorisations, parking restrictions, occupation of public
space and other administrative formalities, unless otherwise agreed in
writing. Any damage, fines, administrative penalties, delays and costs
resulting from the absence of or failure to comply with these obligations
shall be borne by the Customer, unless fault on the part of AS Built is
proven.
Article 8. Electrical works, charging stations and home batteries
AS Built may install, extend, modify, repair, test and maintain electrical
conduits, wiring, distribution boards, fuses, residual current devices,
switches, sockets, lighting, electrical appliances, home automation, control
systems, ventilation connections, charging stations and home batteries.
The existing Installation, available connection capacity, condition of
conduits, ground conditions, accessibility and third-party Works may affect
execution, price and scheduling. AS Built is not liable for existing Defects,
concealed conduits, inadequate connections, outdated Installations or
non-compliant components that could not reasonably have been identified
before execution. For charging stations and home batteries, additional
Works such as an upgraded connection, a separate circuit, additional
protective devices, excavation, cable protection, drilling, modifications to
the distribution board or communication facilities are included only where
expressly stated in the Quotation. The operation, charging capacity,
storage capacity and economic profitability of a charging station or home
battery also depend on the grid connection, available capacity, settings,
software, compatibility, the grid operator and the Customer’s use.
Article 9. Scheduling, call-off and execution
9.1. Execution within a reasonable period
The Works shall be carried out within a reasonable period after:
(i) the Quotation or Order Confirmation has been accepted; (ii) the agreed
advance has been received in AS Built’s account; (iii) the Site and Work
Area are ready, clear and accessible; (iv) the preliminary Works have been
completed; and (v) the necessary Materials are available. The execution
period shall be determined taking into account the nature and scope of the
Works, the availability of personnel and Materials, AS Built’s schedule,
Site conditions and the cooperation of the Customer and third parties.
9.2. No binding date without confirmation
A date requested by the Customer or a provisional schedule is not binding.
An execution date or time is binding only where AS Built has expressly
confirmed it in writing as binding. In the absence of a binding date, the
Works shall be carried out within a reasonable period and within the
expectations that the Parties could reasonably have had, taking into
account the particular assignment.
9.3. Advance payment and scheduling
AS Built is not obliged to schedule the Works definitively or order Materials
until the agreed advance has been received in full in its account, unless
otherwise agreed in writing. A payment not yet actually received in AS
Built’s account does not constitute timely payment for scheduling
purposes.
9.4. Special-Order Materials
Where AS Built orders, configures or reserves Special-Order Materials at
the Customer’s request, the Customer becomes liable to pay for those
Materials as soon as AS Built has ordered them or the order can no longer
be cancelled free of charge. The payment obligation for Special-Order
Materials arises regardless of whether the Works have already
commenced at that time. The Customer shall take delivery of and pay for
the Special-Order Materials even where execution of the Works is deferred
at their request or the Site is not yet ready. Where Special-Order Materials
cannot be sold to another Customer without loss of value, additional costs
or specific modification, the Customer shall bear the full purchase price
and reasonable storage, insurance, transport and handling costs.
9.5. Waiting time and downtime
Waiting time, downtime, wasted journeys, rescheduling and restarting
caused by the Customer, the Site, other contractors, missing Materials,
safety issues, changes or other circumstances beyond AS Built’s control
shall be charged as Additional Works.
Article 10. Additional Works and Time and Materials Works
10.1. Definition of Additional Works
Additional Works include all services, Materials, working hours, travel,
investigations, safety measures, waiting time, downtime and other costs
not included in the original Quotation and becoming necessary due to a
change to the assignment, a differing or concealed condition, a Customer
instruction, third-party Works or another circumstance that could not
reasonably have been identified before execution.
10.2. Consumer Customer
As a rule, AS Built shall carry out Additional Works for a Consumer
Customer only after prior written or digital approval, stating the nature of
the Additional Works and the price or calculation method. For limited,
directly related Additional Works reasonably necessary to carry out the
agreed Works correctly, safely or efficiently, to ensure smooth execution or
to avoid unnecessary downtime, delay or additional costs, no prior
approval is required where prior consultation is not reasonably possible or
efficient. AS Built shall limit these services to what is reasonably
necessary, inform the Customer as soon as possible and, where possible,
state the nature of the Additional Works, the reason for them, the price or
calculation method and any impact on scheduling. For material changes,
unnecessary extensions or Additional Works whose cost or scope is not
reasonably foreseeable, AS Built shall request prior written or digital
approval.
10.3. Business Customer
For a Business Customer, Additional Works may be proven by any legally
admissible means, including a written or digital instruction, email, Odoo
record, Job Sheet, site report, photograph, technical instruction or
execution with the Business Customer’s knowledge. Where the Business
Customer requests or has the Additional Works carried out, knows or
reasonably ought to know of them and does not immediately raise a
reasoned objection, they shall be deemed accepted insofar as legally
permitted. The Business Customer shall dispute Additional Works or their
price in writing, stating reasons, within fourteen calendar days of receipt of
the relevant Job Sheet, Odoo record, Additional Works statement, invoice
or other communication. A dispute suspends only the specifically disputed
portion for which reasons have been given.
10.4. Records and Time and Materials Works
AS Built may record Additional Works and Time and Materials Works in
Odoo, on a Job Sheet, in a site report or through another written or digital
record. Where relevant, the record shall state the services performed,
hours, Materials, travel and waiting time. Time and Materials Works shall
be charged according to hours actually worked, Materials used, travel,
waiting time, downtime and other pricing components agreed or
communicated in advance. In the absence of an agreed rate, AS Built’s
usual rates at the time of execution shall apply. Recording or signing a Job
Sheet confirms the services observed or performed, but constitutes final
acceptance of the price only where expressly stated.
Article 11. Price, advance payment, order form and invoicing
11.1. Price
The price shall be determined according to the Quotation, Order
Confirmation, unit prices, Time and Materials Works or another written
arrangement. The price includes only the services and Materials expressly
listed. Additional services shall be charged separately.
11.2. Advance payment
AS Built may request an advance before commencement of the Works. By
way of derogation and unless otherwise agreed in writing, the price is
payable as follows: 50% of the agreed price upon signing the Agreement,
with payment deemed received only once the amount is credited to AS
Built’s account; then 40% according to the progress of the Works, based
on an interim invoice; and the remaining 10% upon acceptance of the
Works and, where an inspection is required, following the intervention of
the competent inspection body. This payment arrangement does not
prejudice separate payment obligations for Additional Works, Special-
Order Materials, inspection costs or other additional amounts payable by
the Customer under the Agreement.
11.3. Order form where execution is deferred for a Consumer
Customer
Where a Consumer Customer has paid an advance and execution of the
Works is wholly or partly deferred, AS Built shall provide the Consumer
Customer with an order form or equivalent document on a Durable
Medium. Where relevant, this document shall state the Parties’ identities
and contact details, the nature of the Works, the Installation concerned,
the agreed price or calculation method, the advance paid, the amounts still
due insofar as determinable and the planned execution period insofar as
known. The order form shall be drawn up in accordance with the
applicable provisions of Book 5 of the Civil Code, including Article 5.23
where applicable, and shall not prejudice the Consumer Customer’s
mandatory rights.
11.4. Invoicing
AS Built may invoice according to the progress of the Works, execution
stages reached, Materials supplied, services performed, hours recorded,
travel, Additional Works, Special-Order Materials or costs incurred.
11.5. Inspection report and handover documents
Where an inspection report, certificate, diagram, file or other handover
document is prepared or provided to AS Built for the Installation
concerned, that document shall be forwarded to the Customer after all
amounts relating to the relevant Works have been paid in full, including the
advance invoice, interim invoices, final invoice, Additional Works, costs
and any inspection costs, insofar as legally permitted. AS Built may make
the application for and scheduling of an inspection and the delivery of
documents it must itself provide conditional on payment of the amounts
due and timely provision of all information and cooperation required for the
inspection. The inspection report shall be prepared by the competent
inspection body. AS Built is not responsible for that body’s content,
assessment or decision and does not guarantee approval of the
Installation where approval depends on existing conditions, third-party
execution, administrative requirements or other circumstances beyond its
control. This provision does not restrict any statutory right of the Customer
to access documents that AS Built must provide under mandatory law.
Article 12. Payment and late payment
12.1. Payment period and invoice disputes
Invoices are payable within 8 calendar days of the invoice date, unless
otherwise agreed in writing. A Customer disputing all or part of an invoice
shall communicate this in writing, stating reasons, within fourteen calendar
days of receipt. The dispute shall identify the invoice number, disputed
amount, relevant Works and specific reason for the objection. A dispute
suspends only the specifically disputed portion for which reasons have
been given. The undisputed portion remains payable on the due date.
12.2. For the Consumer Customer: free payment reminder
In the event of late payment by a Consumer Customer, AS Built shall first
send a free payment reminder in accordance with Book XIX of the Code of
Economic Law. The payment reminder shall state at least the outstanding
amount, AS Built’s identity and contact details, the payment deadline, the
consequences of non-payment and the possibility of disputing the invoice
with reasons. The Consumer Customer shall then have the statutory
waiting period to make full payment. During this waiting period, no late-
payment interest, flat-rate compensation or additional recovery costs shall
be charged, unless mandatory law provides otherwise.
12.3. For the Consumer Customer: interest and flat-rate
compensation
After expiry of the statutory waiting period, the legally permitted late-
payment interest and flat-rate compensation shall be payable in
accordance with Book XIX of the Code of Economic Law. The flat-rate
compensation shall be:
(i) twenty euros where the balance due is less than or equal to one
hundred and fifty euros; (ii) thirty euros plus ten per cent of the amount
due on the portion above one hundred and fifty euros where the balance
due exceeds one hundred and fifty euros but is less than or equal to five
hundred euros; and
(iii) sixty-five euros plus five per cent of the amount due on the portion
above five hundred euros where the balance due exceeds five hundred
euros, with an absolute maximum of two thousand euros. These amounts
shall apply only within the conditions, limits and maxima of Book XIX of the
Code of Economic Law. If the statutory amounts or conditions are
amended, the amended statutory amounts and conditions shall apply in
accordance with the principle of reciprocity.
12.4. For the Business Customer: interest and recovery
compensation
In the event of non-payment on the due date, the Business Customer shall
automatically owe interest, without prior formal notice, in accordance with
the applicable legislation on late payment in commercial transactions. Flat-
rate recovery compensation of ten per cent of the outstanding amount,
with a minimum of one hundred and twenty-five euros, shall also be
payable insofar as legally permitted. AS Built reserves the right to claim
reasonable additional recovery costs and legal costs within the limits of
applicable law.
Article 13. Suspension, security and accelerated payment
13.1. Suspension for non-payment
In the event of non-payment of an advance, interim invoice, final invoice or
other amount due, AS Built may suspend ongoing and future Works
insofar as legally permitted. The execution period shall be extended by the
duration of the suspension and a reasonable restart period. The Customer
remains liable to pay for Works already carried out, Materials ordered or
supplied, Special-Order Materials, costs incurred, waiting time,
demobilisation, rescheduling and other reasonable costs.
13.2. Additional security
Where the Customer’s solvency is reasonably uncertain, AS Built may
request payment in advance, an additional advance payment, a bank
guarantee or other appropriate security.
13.3. Accelerated payment for the Business Customer
Insofar as legally permitted, amounts owed by a Business Customer to AS
Built shall become immediately due and payable in full where an overdue
amount remains unpaid, payment terms are not complied with, the
Business Customer shows an inability to pay, applies for or undergoes
insolvency proceedings, is declared bankrupt, is dissolved or liquidated,
their assets or receivables are attached, or they wholly or partly cease
their activities.
13.4. No unjustified withholding
The Customer may not withhold all or part of a payment because of a
complaint, an alleged third-party claim, a payment problem involving their
own customer or a claim whose enforceability has not been definitively
established. A reasoned dispute may relate only to the specifically
disputed amount.
Article 14. Conformity, Defects and warranty
14.1. Applicable statutory regime
Rights and obligations concerning conformity, Defects, repair,
replacement, warranty, price reduction, acceptance and liability shall be
governed by the statutory regime applicable to the particular Agreement,
Installation and Materials. Mandatory provisions of Book 5, Book 6, Book
7, the Code of Economic Law or other applicable legislation shall prevail
over conflicting contractual provisions. If Book 7 of the Civil Code or
another new or replacement statutory regime becomes applicable to the
agreement concerned, the Parties’ rights and obligations shall be
governed by that regime from the applicable date and in accordance with
the transitional provisions.
14.2. Conformity of the Works
AS Built shall carry out the Works in accordance with the Agreement,
Quotation, Order Confirmation, Technical Specifications, applicable
manufacturer’s instructions, good workmanship and applicable mandatory
legal and technical requirements. Assessment of conformity shall take into
account the nature of the Works, agreed characteristics, Site conditions,
existing Installations, Customer information, third-party services,
conditions of use, maintenance and normal technical tolerances.
14.3. Articles 1641 to 1649 of the former Civil Code
Insofar as the legal relationship and Materials concerned fall within the
applicable regime for sales and latent defects, the statutory rules on latent
defects shall remain applicable, including Articles 1641 to 1649 of the
former Civil Code, insofar as those provisions still apply to the particular
agreement. A latent defect within the meaning of Article 1641 of the former
Civil Code requires the defect to render the item sold unfit for its intended
use or to impair its use to such an extent that the buyer would not have
purchased it, or would have paid a lower price, had they known of the
defect. The Customer shall report such a defect as soon as possible after
discovering it and no later than within two months, and shall allow AS Built
to examine the Installation or Material concerned. The statutory rules on
the nature of the defect, the seller’s knowledge, legal consequences, time
limits and burden of proof shall remain decisive where those provisions
apply.
14.4. Consumer guarantee for goods and Materials
Insofar as AS Built supplies goods or Materials to a Consumer Customer
to which the statutory consumer guarantee applies, the applicable
provisions on consumer sales and conformity shall apply, including Articles
1649bis to 1649octies of the Civil Code, insofar as those provisions apply
to the particular supply. This statutory consumer guarantee is distinct from
contractual performance of installation, connection, configuration,
maintenance and other services. AS Built does not restrict or exclude the
Consumer Customer’s statutory rights.
14.5. Causes beyond AS Built’s responsibility
A malfunction, deviation or damage shall not constitute a Defect
attributable to AS Built where it results exclusively from inaccurate or
incomplete information, inadequate preparation, existing Defects, an
incorrect connection, insufficient capacity, inadequate maintenance,
misuse, a modification by the Customer or a third party, third-party Works,
normal wear and tear, a power outage, a grid problem or a defective
component supplied by the Customer.
14.6. Investigation and repair
The Customer shall allow AS Built to investigate an alleged Defect before
the Installation is modified, repaired, replaced, dismantled or adjusted.
Where the problem is attributable to AS Built, it shall first have the
opportunity to implement an appropriate remedy within a reasonable
period. The Customer shall not have a third party carry out repairs before
AS Built has had the opportunity to investigate the problem, except for
urgent measures to prevent directly imminent damage or danger.
Article 15. Acceptance and complaints
15.1. Inspection
After execution, the Customer shall have the opportunity to inspect the
Works, Installation and Work Area. Where no separate acceptance
procedure takes place, the period for reporting visible defects shall begin
when the Works can reasonably be inspected.
15.2. Subsequent works
Where, after execution, the Customer or a third party has further Works
carried out that cover, modify, damage or render the Installation
inaccessible, without a prior written and reasoned reservation, this
constitutes an indication that the visible condition of the Works was
inspected at that time and used or further finished without reservation. This
does not restrict the Customer’s rights concerning Defects that could not
reasonably have been identified during a normal inspection or rights
retained under mandatory law.
15.3. For the Consumer Customer
The Consumer Customer shall report a conformity problem or other
objection within a reasonable period after identifying it or after they could
reasonably have identified it. The complaint shall state the Installation,
Works, nature of the problem, date of discovery, circumstances in which
the problem occurs and, where possible, photographs, error codes,
measurement data or other useful information. Where practicable, AS Built
shall acknowledge receipt of the complaint and handle it within a
reasonable period in accordance with Article XVI.3 of the Code of
Economic Law.
15.4. For the Business Customer
The Business Customer shall report a conformity problem in writing,
stating reasons, within fourteen calendar days after identifying it or after
they could reasonably have identified it. In the absence of a timely, specific
and reasoned notification, AS Built may rely on acceptance of the Works
insofar as applicable law permits.
15.5. Complaints channel and investigation
Email: info@asbuilt.be
Address: Willem de Ganckstraat 21, 1730 Asse
Telephone: +32 2 669 65 65
The Customer shall give AS Built access to the Installation and Work Area
to investigate the complaint. AS Built shall investigate the complaint based
on the Quotation, Order Confirmation, Technical Documents, Odoo
records, Job Sheets, photographs, maintenance data and on-site findings.
Article 16. Liability
16.1. Liability for own fault
Each Party is responsible for damage directly resulting from its own fault,
breach or negligence, in accordance with applicable law. AS Built is liable
for direct damage demonstrably and directly resulting from a breach
attributable to it in performance of the Agreement. Unless a different
statutory evidential rule applies, the Customer shall prove the fault,
damage and causal link.
16.3. Exclusion of damage not attributable to AS Built
AS Built is not liable for damage, delay or costs arising from the Customer,
the Site, existing Installations, missing facilities, an Installation not
released for work, an incorrect instruction, a modification by the Customer
or a third party, third-party Works or another cause not attributable to AS
Built.
16.4. Consequential damage
Insofar as legally permitted, AS Built is not liable for indirect damage,
consequential damage, loss of production, business interruption, loss of
profit, loss of turnover, reputational damage, third-party contractual
penalties, loss of opportunities or internal personnel costs.
16.5. Limitation of liability
Insofar as legally permitted, AS Built’s total liability is limited to the price of
the Works to which the damage directly relates. No limitation applies to
intentional misconduct, fraud, damage to life or physical integrity, or other
liability that cannot be limited under mandatory law.
Article 17. Auxiliary persons and Article 6.3, § 2 of the Civil Code
AS Built may use employees, independent performance agents,
specialised third parties and subcontractors to carry out the Works. AS
Built remains responsible towards its contractual Commissioning Party for
the contractual services it has undertaken, subject to the limitations and
allocation of risks under the Agreement. Insofar as Article 6.3, § 2 of the
Civil Code and other applicable law permit, the Customer may not bring a
direct non-contractual claim against an auxiliary person engaged by AS
Built in performance where the law or Agreement validly excludes such a
direct claim. If a direct claim against an auxiliary person is nevertheless
possible, that auxiliary person and AS Built may invoke the same
contractual defences, exceptions, limitations of liability, complaint periods,
forfeiture periods and other protective provisions as AS Built itself, insofar
as legally permitted. The auxiliary person is liable only for damage caused
by their own fault, breach or negligence, in accordance with applicable
law. This arrangement does not apply to intentional misconduct, fraud,
damage to life or physical integrity, or other liability that cannot be
excluded under mandatory law.
Article 18. Confidentiality and privacy
The Parties shall treat information about the Agreement, prices, plans,
electrical Installations, access details, safety information, technical data
and commercial information as confidential. This obligation does not apply
to information that is public without fault of the receiving Party, was already
lawfully known, was obtained independently or must be disclosed by law.
AS Built processes personal data in accordance with the General Data
Protection Regulation and applicable Belgian legislation for preparing
quotations, customer management, scheduling, communication,
execution, invoicing, complaints handling, insurance and compliance with
statutory obligations. The Odoo environment may contain personal data,
contractual documents, Job Sheets, photographs, scheduling data,
invoices and communications. Processing shall take place in accordance
with AS Built’s privacy notice and applicable data protection rules.
Article 19. Force majeure and hardship
AS Built is not liable for delay or non-performance resulting from a
circumstance beyond its reasonable control in accordance with Article
5.226 of the Civil Code. Force majeure includes illness, accidents, strikes,
lock-outs, fire, flooding, extreme weather, traffic problems, technical
failures, problems with Materials, supply problems, government measures,
epidemics, pandemics, cyber incidents and serious safety issues. AS Built
shall inform the Customer as soon as reasonably possible. Where force
majeure is temporary, performance shall be suspended for the duration of
the impediment and a reasonable restart period. Where force majeure
persists for a reasonable period, the Parties may discuss a new schedule,
modified execution or termination of the portion not yet performed. Where
circumstances arise after conclusion of the Agreement that make
performance excessively onerous and could not reasonably have been
foreseen or avoided, the Parties may rely on the statutory hardship
regime, including Article 5.74 of the Civil Code, provided the statutory
conditions are met.
Article 20. Cancellation, special orders, breach and termination
20.1. Cancellation by the Business Customer
Where a Business Customer cancels the Agreement before
commencement of the Works, they shall owe flat-rate cancellation
compensation of fifteen per cent of the agreed price, insofar as legally
permitted. This compensation takes into account reserved capacity,
preparation, personnel scheduling and other costs borne by AS Built
because of the cancellation.
20.2. Special-Order Materials
The fifteen per cent cancellation compensation does not prejudice the
separate payment obligation for Special-Order Materials. Where AS Built
has ordered, configured, assembled, programmed or reserved Materials
specifically for the Customer and they cannot be sold to another customer
without loss of value or additional costs, the Customer remains liable for
the full purchase price and reasonable transport, storage, insurance and
handling costs. Special-Order Materials costs shall not be charged twice.
Where they have already been included in the cancellation compensation,
this shall be taken into account.
20.3. Cancellation by the Consumer Customer
For a Consumer Customer, the cancellation arrangement applies only
insofar as it was clearly communicated in advance, is reasonable and
proportionate, and is compatible with applicable consumer law. Where the
Agreement is concluded off-premises or at a distance, any right of
withdrawal shall be assessed separately in accordance with the Code of
Economic Law. Where the Consumer Customer expressly requests
performance to begin before expiry of an applicable withdrawal period,
they shall owe a proportionate amount for services already performed,
insofar as legally required. Insofar as legally permitted, the Consumer
Customer remains liable to pay for Special-Order Materials that cannot be
sold to another customer without loss of value or additional costs.
20.4. Breach and formal notice
Where a Party fails to perform its obligations, performs them late or
performs them improperly, the other Party shall notify it of the breach in
writing, stating reasons. Where the breach can be remedied, the notice
shall provide a reasonable period for doing so.
20.5. Extrajudicial termination under Article 5.90 of the Civil Code
Where, following proper formal notice, a Party fails to remedy the breach
within the reasonable remedy period and the breach is sufficiently serious,
the other Party may terminate the Agreement extrajudicially by a reasoned
written notice, insofar as legally permitted and in accordance with Article
5.90 of the Civil Code.
20.6. Consequences
Upon termination or dissolution, the Customer remains liable to pay for
Works already carried out, Materials ordered or supplied, Special-Order
Materials, Additional Works, costs incurred, demobilisation, rescheduling
and other amounts owed to AS Built under the Agreement.
Article 21. Jurisdiction and applicable law
21.1. For the Consumer Customer
The Consumer Customer may submit disputes to any court having
jurisdiction under applicable mandatory law. Nothing in these General
Terms and Conditions restricts the Consumer Customer’s right to bring a
dispute before a court having jurisdiction under mandatory law.
21.2. For the Business Customer
For agreements with a Business Customer, the courts of the district where
AS Built has its registered office shall have jurisdiction, subject to
mandatory law. The Parties shall first attempt to resolve a dispute
amicably. If no solution is reached within thirty days after written
notification, either Party may refer the dispute to the competent court.
21.3. Applicable law
All Agreements with AS Built are governed exclusively by Belgian law,
subject to mandatory law that cannot be excluded by contract. Application
of the United Nations Convention on Contracts for the International Sale of
Goods (Vienna Convention) is excluded insofar as legally relevant.