General sales conditions
Validity : Each offer, order, delivery, invoice, repair, renting, consignment or any other assignment, hence forward called ‘contract’ is subject to these general sales conditions. Each alteration or modification is only valid if in writing confirmed and signed by the management. Nullity : Invalidity, if any, of one or more clauses of present General Conditions shall never affect the validity of the entire agreement. Other clauses will remain fully effective without restrictions. Contracts : Each contract is irrevocable, regardless if any payments have been effected. If the contract is refused by the customer the seller retains the right to pursue legal confirmation of the contract, or to pursue for damage settlement to the amount of at least 15 % of the contract value.Delivery : All goods must be collected by the customer no later then 1 month after notification by simple lettre by the seller to the customer that the goods are ready for collection. After this period the merchandise will no longer be retained by the seller, though the contract remains honourable by the seller in accordance to article 2 above. The period for delivery cannot be seen by the customer as binding for the seller. At no time shall the customer be able to cancel the contract or the seller be liable to any damages due to late or incomplete delivery. Return goods : No returning of goods shall be accepted without sellers prior written agreement of the seller. Payments : All contracts are payable netto at the on the invoice or confirmation indicated date. All foreign banking and other charges are at customers expense. In the event of late settlement and/or wrongful failure the due amount of an invoice will ipso jure be increased with a fixed and conventional compensation ad 15% with a minimum of 100 EUR and with a collection fee ad 185 EUR for Belgian customers or 500 Eur for foreign customers.The decreased amount shall be considered as the new payable amount and shall be subject to a monthly intrest of 1%. In case of late payment the seller retains the right to cancel the contract, to reclaim the goods, this without any limitation to the sellers right to pursue the contract of damage settlement as per article 2. Credibility : The customer is required to advice the seller of important changes in his financial stability or credibility. The seller retains the right to cancel or delay the contract, even after partial or complete delivery, or to demand additional warranties from the customer. Currency : Each currency fluctuation of risk is at customers expense. Ownership : De goods will remain the property of the seller until the payment in full of all outstanding amounts, regardless their origin such as invoices, intrest, bank or other charges, transport, incasso costs, etc. Transport : Sellers conditions are ‘ex works’ the by the seller indicated warehouse. The goods shall be considered ‘delivered’ upon placing the goods ready for collection by the customer in a by the seller designated warehouse. The goods travel at the customers risk. Consignment : All goods belonging to the customer given in consignment or repair to the seller shall be retained at customers risks. Seller cannot be held liable for any damages, regardless of their cause or origin. Renting : For each rent of goods given in consignment or care of the customer, the customer shall at his own initiatif and expense close a insurance contract for the due period and for the value to be opbained by the customer from the seller / renter for all damages, to be or not to be foreseen, fire, theft, vandalisme and other. Customer shall also close a insurance contract for due period against all liability during the use of the goods by whomever and all related risks. Warranty : All goods are subject to our suppliers warranty, within the conditions and limitations of our suppliers warranty. Customer can request or demand the seller to send a copy of the applicable warranty to the seller. Complaints : All complaints must be by confirmed mail, no later then 14 days after delivery or invoice date, which ever may come first. No complaints shall be accepted if not in accordance to these terms. Legal Action : As a mutual guarantee and commitment for a fast settlement of controversies through arbitration, B.A.I. ( Belgische Arbitrage Instelling ) is charged with the appointment of arbitrators who will be authorized to settle for good any controversy arising from the current document as to the inbterpretation, the execution or the dissolution, in conformity with its regulations for operation that can be obtained free of charge at B.A.I., Lieven Bauwensstraat 20 at 8200 Brugge, tel 0032-50-32.35.95 and fax 0032-50-31.37.34 ) This clause replaces all authrity clauses contrary to it, also those mentioned on the back.
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Additional or
less works and costs, |
travaux en plus et travaux en moins, modification de matériaux |
Mehr- und Wenigerarbeiten, |
meer en minwerken,
|
Euro |
|
Hourly wage of a supervisor |
coût salarial horaire d'un chef de chantier: |
Stundenlohnkost für einen Baustellenleiter: |
Uurloonkost voor een werfleider |
40.00 euro |
| Hourly wage of a worker | coût salarial horaire d'un ouvrier | Stundenlohnkost für einen Arbeiter: | Uurloonkost voor een arbeider | 35.00 euro |
| Moving costs from and to the site per hour and per worker starting from the office to the site and back to the office | frais de déplacement - a partir de l'entrepreneur jusq'au retour au bureau de l'entreprener - au chantier par heure et par personne, pas par kilometre. | Reisekosten hin und zurück zur Arbeitsstelle pro Stunde und pro arbeiter. Die Reisekosten werden pro Stunde, nicht pro Kilometer berechnet, unter Berücksichtigung der normalen Reisekosten, und dies gerechnet ab der Abfahrt bei Ameco bis zum Augenblick der Ankunft zurück bei Ameco. | Verplaatsingskosten heen en terug naar de werf per uur en per persoon. De verplaatsingskosten zullen per uur, niet per kilometer aangerekend worden waarbij rekening wordt gehouden met normale verplaatsingstijden, en dit gerekend vanaf het vertrek van Ameco tot het tijdstip van aankomst terug bij Ameco | 40.00 euro |
| Cost of lodging and food abroad at the expense of the customer | frais de logement en etranger en regie | Hotel und verblijfskosten ausland in regie | Verblijfskosten in het buitenland in regie, ten laste van de klant | Regie |
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Warranties - Garantie - Garantie - Garanties |
Days - jours |
|
The warranty is subjet to the hereby
indicated terms, conditions and in the listed hiërarchical order of the
distinguishable parts, components and services that are part of the
contract. The Principal is to maintain the playground with due diligence. |
|
| Any damage resulting from wrong use, vandalisme, hooliganism, normal wear and tear, or due to the absence of proper maintenance and technical or other supervision by the customer is explicitly excluded from this guarantee. |
excluded from warranty |
|
Any
parts and works considered as part of
normal maintenance, technical or other supervision as required by law of
common practice such as, but not restricted to ; controle, repair and/or replacement of non supporting fixations and / or non vital to the stability of the construction, electrical wiring, light bulbs, etc |
excluded from warranty |
|
PRINCIPAL CONSTRUCTIONS |
1800 |
|
HARD SUPPORTING PARTS steel,wood or polyethylene or polyester parts with a primary support function in the construction |
720 |
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FLEXIBLE SUPPORTING PARTS Ropes and belts with a primary support function in the construction |
360 |
| Softfun play elements and obstacles permanently fixed in or on the construction |
360 |
| Softfun play elements not fixed in or on the construction |
180 |
| All electronic, electric or mechanical parts from known and identified O.E.M, other then Ameco, covered by a warranty issued by the O.E.M |
warranty of O.E.M |
| All other electronic, electric or mechanical parts |
90 |
|
Inflatable constructions ( excluding blower ) |
180 |
| springs and bouncing surfaces of trampolines |
0 |
| Netting and ropes |
0 |
| Balls for the ball pools |
0 |
| Large balls, inflatable shapes |
0 |
| Decorations |
0 |
| Other parts |
0 |
| The work time and labour cost for all works covered by the above listed warranty conditions |
equal to materials |
| The transport costs for all materials covered by the above listed warranty conditions, are excluded from the warranty. |
equal to materials |
| The displacements, travel, hotel and stay over costs for all works covered by the above listed warranty conditions. |
Benelux 90 |
Contractors conditions
1. Planning, specifications and documents
The works need to be carried out in accordance with the enclosed specifications, drawn up by the Contractor and approved by the Principal. Following documents are a part of present agreement and are acknowledged by both parties as such. In the event of dispute or variance only the hierarchical order of the documents relating to the contracting and listed below, will apply:
q Price Offer
q Contracting Conditions
q General conditions of sale
q Project Description
q Plan
However, in the event of conflicting clauses the Building Contract will have legal priority over any other existing document. Both parties acknowledge that the assignment is limited to the works as listed in present agreement. All costs relating to installation of the site are to be borne by the Principal.
By signing present agreement both parties recognise to have received one copy of all the above-mentioned documents.
2. Obligations of the Contractor
All calculations and specifications have been drawn up for works under normal circumstances for what concerns completion time, site, equipment, installation, foundations, working conditions, weather and so on.
The Contractor will carry out the works with skilled personnel and experienced sub-contractors, if any.
The Principal will be entitled to check on the work at all times and to refuse any materials or works not in conformity with the specifications.
The Contractor will take all measures to ensure safety at the site.
The Contractor will not be liable for any damage resulting from plain application of Section 544 of the Civil Code.
The Contractor will be liable for:
· Visible defects detected upon provisional completion.
· Hidden defects showing up during the term of guarantee between provisional and final completion and which do not endanger the stability of the playground. The period within which a claim should be lodged amounts to three months after discovery of the hidden defect by the Principal.
· After final completion the Contractor will only remain liable for major building defects, excluding any other liability in respect of whichever defects, both hidden and visible.
3. Obligations of the Principal
The Principal will supply the Contractor with accurate and necessary information for what concerns the exact location of the playground. This is to be approved by the by him before commencing the work. In the absence of this approval, commencement of building will be considered as approval by the Principal of the realised location.
The Principal will assume - at least under Civil Law - all liability for wrongful information in respect of existence and exact location of all utilities. The onus of proof for exemption of this Principal’s liability lies with him.
The Contractor will only start working if the Principal makes sure that:
q the hall within which the playground is to be built is windproof;
q all previous work in the building within which the playground is to be installed, has been completed;
q the floor of the hall within which the playground is to be built is clear, level and dry;
q there is a partition between site and the rest of the building to reduce dust and noise to a minimum. On the other hand AMECO will do its utmost to limit noise and dust nuisance but the company must be able to continue working at all times.
During the works the Principal will supply:
q uninterrupted electricity, namely at least two sockets of 16 A;
q a temperature of no less that 12°C in the hall within which the playground is to be built;
q easy access to the building from 06.00 a.m. to 10.00 p.m. and this both to workers and suppliers of equipment;
q sufficient lights in the hall where the playground is to be built;
q suitable sanitary facilities for Ameco workers;
q a room that can be locked up to keep tools and materials at night.
The Principal will provide the Contractor with approval of plans and materials as requested and within the shortest possible time.
The Principal will surrender all his rights of recourse against the Contractor for any damage to the building, furnishings or immaterial damage and this until the date of final completion.
Parties agree that the works will be supervised by The contractor
4. Price
Save the 2 following exceptions this amount is based on invariable and non-refundable quantities.
All taxes are to be borne by the Principal pursuant to the legal provisions in this respect.
Normally the price cannot be adjusted under present agreement. The formula to change the price as indicated below only applies if the works cannot be started any sooner than six months after signing present agreement, due to circumstances.
All prices will be adjusted in accordance with the formula as applied by the Ministry of Public Works, namely: P = P (a s/S + b i/I + c)
In which
P = adjusted price
S and S index based on the average wage of a skilled worker of zone 1, in which s is the index of the month during which the works are carried out and S the index that applied ten days before the date of present agreement.
I and I index of building materials, in which i is the index of the month of execution and I the one applying during the month preceding present agreement.
A = parameter of wages
B = parameter of materials
C = parameter of the part of the price not subject to price adjustment
All additional work ordered while the work is under construction, will be considered as having been ordered on the date of present agreement. The same price adjustment as indicated above will be applied.
5. Conditions of Payment
We refer to the General sales conditions, without prejudice to the Contractor’s right to stop all works and/or claim a proportional extension of the completion term after a formal letter of delinquency has been sent.
The Principal cannot dispose of the buildings or encumber them in any way or use them for as long as all due amounts (contract price, adjustment, additional works or less works, interests, if any and so on) have not been settled.
6. Term of Completion
The term of working days in which the contractor has to carry out the works, starts on the date of commencement as formally agreed between parties, provided that a building licence was obtained and that a copy was sent to the Contractor and on the condition that site and access were made available to the Contractor. If these conditions are not met on the formally agreed commencement date, parties will have to agree on a new formal date. The fact that the Contractor may carry out some works before the formal commencement date does not affect the principle stating that the term will start running from the officially agreed commencement date. The term of completion may be extended and/or delayed by the duration of additional work and/or changes that are ordered, in accordance with the provisions of Article 9.
Bad weather and cases of force majeure (strike, disputes with public bodies, neighbours, utility companies, impossibility to supply some basic materials and so on) are reasons to suspend and proportionally extend the term of completion and this ipso jure. The Contractor reserves the right to extend and/or delay the term of completion depending any overdue payments by the Principal. These overdue payments will result in extension of the term of completion in favour of the Contractor without requiring prior formal notice.
7. Additional or Less Work, Change of Materials
Any additional work not covered under present contract will be the object of separate agreements between parties, both for what concerns price and extension, if any.
Should the Principal decide not to carry out part of the work that was entrusted to the Contractor or to instruct a third party to carry out these works without consent from the Contractor, the first will be committed to compensate the latter for his loss of profit and to settle general expenses. This clause will only apply if the total work reduction would exceed % of the overall contract value. In circumstances beyond anyone’s control, such as bankruptcy of the supplier, extremely long delivery periods, discontinuation of production of some materials and so on, the Contractor will be entitled to suggest other materials to the Principal provided that they are of equal quality.
For all extra work and interventions in the general sales conditions indicated costs may be charged:
The above-mentioned prices will be adjusted in accordance with the provisions of Article 6 of present contract.
8. Changes in Solvency of the Parties
If gross facts would occur while the works are under construction, facts that would point to bad or worsening financial condition of the Contractor, the Principal may require additional guarantees, suspend the works or break the contract. Are considered to be such facts: arrears of Social Security, main arrears in payment of due bills, suspension of payment, protested bills of exchange, seizure on bank accounts or balances, refusal of credit guarantee and so on.
On the other hand the Contractor will also be entitled to take such measures and require additional guarantees from the Principal if facts as listed above would indicate that the Principal’s solvency has been affected.
9. Provisional and Final Completion
While the work is under construction the Contractor will hang at eye level a site poster in the place where the children’s entrance to the playground will be built later on, indicating in short all responsibilities and liability of the Principal and this without prejudice to present agreement.
The Principal is committed explicitly and unconditionally not to remove this poster nor to cover it up or hide it out of sight in any other way. The Principal will see to it that said poster is not removed, covered up or hidden out of sight, even partly. Should this happen, the fact will be considered as acceptance and occupation of the site and will immediately stop all liability of the Contractor.
Upon termination of the works the Contractor will ask for provisional completion and the date will be fixed in common agreement. Third contractors may carry out other works before the date of provisional completion provided that a prior topography is drawn up.
Use of the playground by the Principal will be considered as provisional completion and will release the Contractor from any compensation regarding delay in finishing it. Provisional completion includes establishment of termination of the works as well as approval. The official record of provisional completion will be signed by both parties and will list all works, finish and repairs that must be carried out.
Final completion will occur 12 months after the provisional completion. If the Principal does not respond to the Contractor’s repeated requests to proceed to provisional or final completion of the works, they will be deemed to have been accepted by the first.
10. Disputes
Disputes with neighbours, inevitable damage or nuisance as well as disputes with public bodies, fire brigade and utility companies will be settled directly with the concerned bodies by the Principal without intervention from the Contractor.
11. Finish
If some works cannot be carried out due to high humidity, the Contractor cannot be held liable for non-completion upon provisional acceptance. Installation and consumption of heating or drying equipment, needed to finish the works prematurely will be at the charge of the Principal.
12. Lay-out of green area
If a green area (lawn, trees, bushes) is included in the assignment, the works will be carried out in consultation with the Principal. After the green area has been laid out it will immediately be accepted by the Principal and maintenance is at his charge. The fact that the green area has to be laid out outside the completion term of the works will not prevent the construction from being accepted.
13. Safety
Ameco is committed to pay extra care and attention to safety upon design and execution of the playground.
Ameco does not assume any liability for accidents which are directly or indirectly caused by or resulting from installations supplied by Ameco besides the liability as provided by the Law, for which Ameco is insured.
Before opening the playground the Principal is committed to enter into all required insurance policies in order to arrange for the liability and to safeguard Ameco.
14. Warranty
The warranty is indicated in the annex to the general sales conditions
15. Inspection and Maintenance
Upon provisional completion the Contractor will present an original and dated service book to the Principal. The Principal is committed to note down any remark or defect in this book. When running the playground the book must be available at all times in order to submit it should an accident occur.
The Principal is committed to have the playground inspected by Ameco once a year.
This check-up will be carried out at the hourly rate applying at that time; transportation costs to and from the Principal will also be charged at this tariff. If there is any time left, Ameco will carry out minor maintenance work. Materials needed to carry out these minor or necessary maintenance work will have to be paid separately in accordance with an offer to be drawn up.
Any refusal to have carried out the preventive inspection or recommended or necessary work based on this inspection will immediately and without formal notice release the Contractor from any possible liability which might result from continued use of the installations.
Repairs and inspections carried out by the Contractor will be added in the service book by the Contractor.
16. Management and Supervision
The principal is committed to manage the supplied installations with due diligence and to supervise and inspect them on a regular basis. Any indication that safety might be endangered will have to be notified in writing to the Contractor without delay whereupon he will suggest recommendations and/or interventions to the Principal. These recommendations are only supplied by way of information, The Principal will at all times continue to be liable for the use of the supplied installations to and/or by third parties. The above-mentioned interventions will always be the object of additional compensation to the Contractor in accordance with hourly wages and transportation costs as mentioned in present agreement.
17. Makes
The Principal is obliged to hang a ‘WELCOME’ poster supplied by the Contractor and mentioning his name, address and telephone number of Ameco at the main entrance of the playground, clearly visible and at eye level and this for the entire operational period of the installations. The Principal is committed not to remove this panel or cover it up, even partly and to notify Ameco should it need replacing. On the other hand the Principal will allow Ameco to replace or renew this panel, even without apparent reason, should the Contractor wish to do so.
18. Specific Conditions 1
The customer is committed not to engage our staff either directly or indirectly during the validity period of the agreement as well as during a period of the following six months. Each violation of this obligation that is agreed on will be wrongful employment and will be fined by 2500 euro per person by way of compensation and interest and this as an irrevocable penalty clause
Invalidity, if any, of one or more clauses of present General
Conditions
shall never affect the validity of the entire agreement. Other clauses will
remain fully effective without restrictions.
19. Specific Conditions 2
It is explicitly agreed that following works are not included in this contract and will be carried out by the Principal:
All works not explicitly indicated in present Contract or the basic description;
The cleaning of the playground at all times, including the cleaning completion. The remaining materials and garbage shall be removed and disposed of by the contractor.
20. Specific Conditions 3
Drawn up in duplicate at ______________________ on ______________________, Read and approved by
The Contractor, The Principal