1. SCOPE OF APPLICATION
These general terms and conditions apply exclusively to all assignments carried out by Rogiers D-Dream bvba (“D-Dream” or “we”).
Any deviating terms and conditions of clients shall only apply if and to the extent that they have been expressly accepted by us in writing. Deviations from these terms and conditions may only be permitted by a manager of D-Dream or by the holder of a written power of attorney.
2. ASSIGNMENT
The assignment is described in a purchase order, which is signed by a D-Dream manager and by the client. From that moment on, both parties are bound to fulfill their mutual obligations.
We may engage qualified staff members, employees, or subcontractors (“contractors”) to carry out the assignment, without the need for prior approval by the client.
3. FACILITIES
3.1 PLACE OF PERFORMANCE
The client must ensure that the work site complies with (a) all legal and regulatory safety standards and (b) all additional requirements agreed upon in connection with the assignment.
If it is determined that the work site does not meet these standards, we may, at our discretion, suspend or terminate the assignment. In that case, the client is obligated to compensate us for all damages resulting from the suspension or termination of the contract, in accordance with Article 6 of these general terms and conditions.
3.2 ELECTRICAL SYSTEMS
The client is always responsible for ensuring a proper power supply and grounding that complies with the regulations of the AREI. The voltage must never be lower than 230V, and it must never fluctuate by more than 5%
under full load. When using generators, a stable and proper voltage is always required. Any damage caused by technical malfunctions, faulty, and/or unstable power generators will always be charged to the client.
3.3 CATERING
The client shall provide soft drinks and coffee at its own expense starting from the time the workers arrive. The client shall also provide one hot meal for each worker per eight hours of attendance, or one hot meal and one cold meal per person for attendance exceeding eight hours. If this condition is not met, a flat fee of €20.00 per person will be charged for less than eight hours of attendance, and a flat fee of €40.00 per person will be charged for more than eight hours of attendance. This compensation is to be increased by the flat-rate amount for beverages, which has been set at €1.50 per hour or part thereof per worker.
4. COMPLAINTS
Any complaint regarding the services or materials provided must be submitted by certified mail as soon as possible and no later than eight days after the issue is discovered, so that we may, if necessary, take the necessary corrective action.
Late complaints will not be accepted and may under no circumstances be used as grounds to delay or refuse payment of the agreed fees.
5. PAYMENT
Each invoice is due within 30 days of the invoice date, payable by bank transfer to the bank account listed on the invoice, unless different payment terms are specified on the invoice.
For any overdue payment, interest is automatically due as of the due date, without the need for prior notice of default. The interest rate is determined in accordance with the Law on Late Payment in Commercial Transactions.
In addition, the invoice amount will be increased by 10%, with a minimum of 100 euros.
If advance payments have been agreed upon, they must be paid on the agreed dates, even if the advance invoice was issued less than 15 days in advance. The provisions of the preceding paragraph also apply in the event of late payment of advance invoices.
6. SUSPENSION AND TERMINATION OF THE CONTRACT
If the client fails to pay an invoice or advance invoice, or fails to pay it on time, or if the client fails to fulfill its obligations toward D-Dream, we reserve the right to suspend all ongoing assignments or to cancel them in whole or in part. We may also require that the full agreed price of the assignment be paid before continuing to carry out the assignment, even if payment terms were initially agreed upon.
If the contract is canceled by the client or by D-Dream under the circumstances described in the preceding paragraph, the client shall be liable to pay a lump-sum, non-reducible compensation equal to a fixed percentage of the contract value. This compensation amounts to:
| Cancellation up to 30 days before the start date | 25% of the total cost of materials and 50% of the total estimated labor costs |
| Cancellation from 30 days to 7 days prior | 50% of the total cost of materials and 100% of the total estimated labor costs |
| Cancellation from the 7th day up to the day of the event | 100% of the total amount |
In the event of rumors of impaired solvency, bankruptcy, apparent insolvency, cessation of business operations, dissolution, or liquidation of the client’s company for any reason whatsoever, we reserve the right to suspend, cancel,
or modify current orders, to demand payment for the delivery, or
demand immediate payment of all outstanding balances.
7. LIABILITY
We are responsible for the proper performance of the assignment, in accordance with the standards that may be expected from a specialized service provider.
The client is liable for any damage to the contractors and for any damage to or theft of the equipment provided by us that occurs during the performance of the assignment and that is not attributable to the own errors or negligence of D-Dream or its contractors.
8. JURISDICTION
If the client is a merchant, the Commercial Court of Ghent, Dendermonde Division, shall have jurisdiction to hear any disputes between the parties. If the client is not a merchant, the Court of First Instance of Ghent, Dendermonde Division, shall have jurisdiction.
9. GOVERNING LAW
Belgian law shall apply.