Terms and conditions

GENERAL INVOICING TERMS AND CONDITIONS AND CONTRACTING TERMS AND CONDITIONS – AMECO 

General scope of the terms and conditions

1.  These terms and conditions form an integral part of all quotations, offers, orders, assignments or agreements between AMECO BV (RPR Antwerp – Mechelen Division 0457.883.748) and the customer, and shall at all times prevail over the customer’s terms and conditions, unless otherwise agreed in writing between the parties. Any deviation from these terms and conditions must be made in writing and with the consent of both parties.

2.  The possible nullity of one or more clauses in these terms and conditions shall not affect the validity of the remaining clauses, which shall remain fully applicable.

3.  By confirming the quotation, offer, order, assignment or agreement, the customer expressly confirms having received, read and accepted these general terms and conditions, and waives its own terms and conditions, even if communicated later. The customer acknowledges having received, read and accepted these general terms and conditions prior to confirming or placing an order or entering into an agreement, regardless of whether this occurred in writing, orally, by e-mail or via a digital platform. The customer confirms that these terms and conditions were made available to it in a clear and durable manner (www.ameco-playgrounds.com) and that it was able to save or print them. In any event, placing an order or accepting a quotation constitutes tacit acceptance of these terms and conditions.

4.  AMECO BV quotations are valid for 30 calendar days. Thereafter, prices may be updated and indexed, in which case the customer will be informed.

5.  Quotations are provided subject to the specific characteristics of the Construction or Project, and the services offered as well as the variable factors included in the quotation such as: price, numbers, quantities, areas, delivery times, delivery terms and other relevant factors. Quotations do not entail obligations for AMECO BV.

Obligations of the customer

6.  The customer must provide all necessary information and plans relating to the Construction or the Project, including for example the location of telephone and power cables, (floor) heating, air conditioning, ventilation, drains, pits or pipes on, in or under the ground/walls/ceilings, and must indicate these on the plans or by means of signage. Under no circumstances can AMECO BV be held liable for damage to telephone and power cables, pits or pipes on, in or under the ground/walls/ceilings if no or incorrect plans were provided or if the exact location indicated by the customer proves to be incorrect.

7.  The customer must take the initiative to appoint an architect and a safety coordinator if legally required. The resulting costs shall be borne by the customer. Provisions imposed by the architect and/or the safety coordinator that were not known at the time the agreement was concluded are not included in the price and shall be borne by the customer.

8.  The customer must take out all legally required insurance for the Construction or Project. Any deductible, of whatever insurance taken out, shall be borne by the customer. If desired, the customer may at its own expense take out a CAR/ABR insurance policy (All Construction Site Risks) and shall inform AMECO BV accordingly.

9.  The customer is responsible and liable for obtaining the necessary urban planning permit(s), environmental permit(s) and/or other required permits for execution of the works. AMECO BV is entitled to suspend the assignment until the necessary permits for execution of the assignment are available. Any damages and fines shall be borne exclusively by the customer. The necessary urban planning/environmental permits must be approved 8 weeks before the start of the works.

10.  The necessary waste containers are provided by the customer, unless otherwise stated in the attached bill of quantities. AMECO BV is only obliged to collect all waste in one place, whereby the customer is responsible for cleaning up and removing all waste.

11.  The works can only start if the customer ensures that the space in which the Construction must be installed is windproof and that all prior works in the space where the playground is to be installed have been completed. All additional hours and costs due to changes, adjustments, repairs, delays or reconstruction of parts of the Construction due to, for example, painting works, electrical works, lighting, air conditioning, insulation works, etc. shall always be borne by the customer.

12.  The floor in the space where the playground is to be installed must be clear, level and dry. A separation of the worksite from the rest of the building is necessary to minimise dust and noise nuisance, which is an obligation of the customer.

13.  During the works, the customer shall ensure: uninterrupted electricity supply, being at least 2 sockets of 16 amps, a temperature in the space where the construction is to be installed of not less than 12°C, easy access to the building between 06:00 and 22:00 for both workers and the delivery of materials, sufficient lighting in the space where the construction is to be installed, suitable sanitary facilities for the workers, and a lockable room where tools and materials can be stored at night.

14.  The customer waives recourse against the contractor for any damage to the building, its contents and immaterial damage, up to the moment of final acceptance. The parties agree that supervision of the works will be carried out by the customer.

Preparation of the works

15.  The customer shall do what is necessary to prepare the worksite so that AMECO BV can start the works immediately, or so that the required goods can be delivered to the site without problems. The worksite must be made normally accessible by the customer via an easily accessible road, free of constructions and obstacles. The customer shall ensure free passage and parking at the worksite and shall itself arrange in advance the application for and maintenance of any parking ban.

16.  The delivery and installation of an earthing loop is not included in this quotation, unless otherwise stated in the attached bill of quantities.

17.  Direct and indirect costs due to useless travel costs and waiting times longer than 15 minutes shall be charged to the customer. If the customer does not make the worksite accessible as described above and AMECO BV thereby causes damage to goods of the owner of the worksite or to the building during delivery of the goods or execution of the works, AMECO BV cannot be held liable for this.

18.  The customer shall provide the necessary keys so that AMECO BV can freely enter the worksite to execute the works.

19.  The premises where the works are to be carried out must be completely empty and tidy. Failing this, cleaning/relocation will be charged at our usual hourly rate.

20.  Water and electric power must be available on the worksite.

Subcontracting / Parallel contracting

21.  AMECO BV reserves the right to have the works carried out in whole or in part by subcontractors. The customer undertakes never to give a direct instruction to a subcontractor without prior consultation with AMECO BV.

22.  AMECO BV cannot be held liable for intentional or gross errors committed by a subcontractor during the execution of those works for which AMECO BV acts as main contractor.

23.  To carry out works that do not fall within AMECO BV’s assignment, the customer shall appoint one or more parallel contractors with whom the customer will conclude an agreement directly. AMECO BV can never be held responsible for works executed by these parallel contractors. AMECO BV will, however, try to coordinate the works optimally in mutual consultation with the parallel contractors.

Scope of the assignment

24.  If AMECO BV is instructed (in writing or orally) to carry out additional works, these will be invoiced additionally at prevailing market prices, or on the basis of a supplementary quotation.

25.  Additional works may be proven by all legal means. The customer undertakes to communicate any desired change, addition or omission relating to the works as described in the quotation in writing, subject to acceptance by AMECO BV. In the absence of written notification by the customer, it will be presumed that these works were carried out in accordance with the customer’s verbal instructions.

Price and payment terms

26.  AMECO BV has the right to adjust its prices if the price of materials, social charges or wages change after the agreement is concluded and before it is executed.

27.  The stated quantities were calculated on the basis of the information available at the time the agreement was drawn up. If a difference is measured at final measurement, this will give rise to a settlement. Unit prices are valid for the quantities stated in the quotation. Any change in quantity may, at AMECO BV’s request, give rise to an adjustment of the unit price.

28.  The stated prices are calculated on the basis of the tax regime applicable on the quotation date / order date. Any introduction of new taxes, duties, levies and fees or any increase of existing taxes, levies and fees after the quotation / order / agreement date, which affects the relevant goods or services, will give rise to a settlement.

29.  The price must be paid according to the invoicing schedule drawn up as a function of the progress of the works, or on the basis of contractually determined instalments. AMECO BV is also entitled at all times to issue advance invoices due to the nature or scope of the assignment.

30.  Assembly of the materials is included in the price, unless otherwise stated.

31.  AMECO BV reserves the right to invoice different parts of the works separately. AMECO BV may also invoice according to the status of the works.

32.  AMECO BV may invoice the works in the following 4 instalments:

   30% within 8 days after acceptance of the quotation;

   50% one week before delivery of the materials;

   10% at the end of the works;

   10% after receipt of the blank inspection report and risk analysis from TÜV SÜD.

Each instalment must be paid within fifteen calendar days of receipt of the invoice. In the event of non-compliance with this obligation, AMECO BV reserves the right to suspend the Construction for an indefinite period, whereby the agreed or planned execution period no longer binds the parties. In the event of late payment, AMECO BV also reserves the right to unilaterally terminate the agreement to the detriment of the customer without prior notice of default and without intervention of the court. In the event of late payment of the first instalment of 30%, the production process will be completely suspended without compensation.

33.  For works carried out on a time-and-materials basis, working hours are charged at market-conform rates unless otherwise agreed, from departure from Hulshout to arrival in Hulshout. Loading and unloading and collecting additional materials are also charged. Travel costs are charged at the usual rate.

34.  Invoices are always payable net on the due date. Unless explicitly agreed otherwise in writing, in the absence of full payment on the due date, statutory interest shall be due by operation of law and without notice of default, with a minimum of 10% per year. Each commenced month of payment delay will be considered as elapsed for the interest due.

35.  Payment of the price and other amounts due must always be made by bank transfer, unless AMECO BV expressly authorises other payment methods. Under no circumstances may the customer pay any amount due to the persons responsible for delivery and/or erection of the Construction.

36.  Full or partial non-performance of the Agreement by the customer shall give rise to compensation for AMECO BV amounting to 75% of the unpaid and invoiced price. This compensation is increased by all direct and indirect costs incurred arising from the Agreement and/or its (forced or non-forced) execution.

38.  All bank charges and any exchange risk shall always be borne by the customer.

39.  All delivered and yet-to-be-delivered goods remain the property of AMECO BV until all invoices and claims against the customer have been paid in full. The sum subject to this retention of title also includes any interest and the extrajudicial and judicial costs incurred in execution of the Agreement. If the delivered goods or the Construction are processed by the customer or its appointee, the retention of title extends to the new item.

40.  If the customer’s creditworthiness has deteriorated or is evidenced by late or defective payment, AMECO BV may require guarantees from the customer ensuring proper performance of its obligations. In the absence of sufficient security, AMECO BV may terminate the agreement wholly or partially, without waiving the compensation referred to in these general terms and conditions. Under no circumstances is AMECO BV bound to mandatory delivery in the event of the customer’s breach.

This provision is without prejudice to the rights under common law to which AMECO BV is entitled.

41.  Complaints regarding the invoice, delivery or delivered products must be submitted in writing, with reasons, by registered mail within 8 days after the invoice date or the delivery date, whichever comes first. Complaints submitted after that period will not be accepted.

Delivery terms

42.  The price is always ‘Ex Works’ (EXW) in accordance with INCOTERMS 2000, where the location is AMECO BV’s warehouse or a location designated by AMECO BV. Delivery of the goods is deemed to have taken place at AMECO BV’s warehouses, even in the event of delivery carriage paid to a destination specified by the customer.

43.  If the customer collects the goods from AMECO BV’s warehouses, the customer shall collect those goods no later than 30 days after notification that they are available for collection.

44.  The stated delivery period is purely indicative and does not create an obligation of result for AMECO BV. Late delivery cannot give rise to any right to compensation for the customer.

45.  The customer must accept the delivered goods, failing which AMECO BV may seek judicial enforcement of the Agreement and is entitled to compensation. The compensation amounts to 75% of the price increased by all direct and indirect costs arising from the Agreement and/or its (forced or non-forced) execution.

46.  Taking back delivered goods is only possible with prior written consent from an authorised representative of AMECO BV.

47.  All repairs, new works and interventions are subject to the general provisions of these general terms and conditions.

48.  All goods belonging to the customer that are in AMECO BV’s possession for the execution of the Agreement are stored at the customer’s risk. Wear, theft, damage or destruction cannot be attributed to AMECO BV except in the case of (intentional or unintentional) fault on the part of AMECO BV.

49.  The customer shall provide AMECO BV in a timely manner with all pre-contractual and contractual information necessary or useful for the execution of the Agreement. In the absence of timely notification, AMECO BV has the right to suspend execution and/or charge the costs arising from such suspension and/or deficient information.

50.  These general terms and conditions do not prejudice other statutory and contractual rights to which AMECO BV is entitled.

Warranty

51.  The warranty on the Construction is exclusively that offered by the manufacturer of the parts from which the Construction is built. In the absence thereof, warranty will only be granted if this is evidenced by a written agreement.

52.  AMECO BV shall not be liable for the following:

• defects that were not latent at the time of delivery;
• damage caused by an accident, careless use, intervention by a non-recognised third party, any use other than the intended purpose of the goods, and poor maintenance;
• required interventions that normally form part of maintenance activities;
• non-contractual faults or damage;
• defects that could not have been known at the time of delivery.

53.  Where warranty applies, the part will be repaired/replaced free of charge. Nevertheless, travel will always be charged, unless expressly agreed otherwise.

54.  The warranty applies, in hierarchical order as listed below, to the different parts and works of the contract as applicable. The customer must maintain the goods as a prudent and diligent person. Any damage resulting from improper use, vandalism, normal wear and tear, or lack of maintenance and technical or other supervision by the customer is expressly excluded from warranty. Also excluded from warranty are all materials and labour hours considered part of normal maintenance and supervision of a technical or other nature, as provided by law or common practice, such as, but not limited to: inspection, repair and replacement of fasteners, non-load-bearing elements or elements not essential for stability of the construction, electrical wiring, lamps, etc. Excluded from warranty:

1) Basic constructions: steel supporting structures – 1800 days

2) Rigid load-bearing elements: elements in steel, wood, polyethylene or polyester with an essential load-bearing function in the construction – 720 days

3) Flexible load-bearing elements: rope or belt elements with an essential load-bearing function in the construction – 360 days

4) Other softplay components, play elements and obstacles permanently fixed to or in the construction – 180 days

5) Other softplay components, play elements and obstacles not fixed to or in the construction – 180 days

6) All electronic, electrical and mechanical parts of known and identifiable manufacturers other than AMECO BV, covered by an original manufacturer’s warranty: manufacturer’s warranty

7) All other electronic, electrical and mechanical parts – 360 days, except if damaged or destroyed due to objects, clothing items or obstacles.

8) Inflatable constructions and bouncy castles (excluding the motor) of known and identifiable manufacturers other than AMECO BV: covered by the original manufacturer’s warranty.

9) Springs and jumping surfaces of trampolines: 180 days

10) Balls for the ball pit: no warranty!

11) Large balls and other inflatable shapes, decorations: no warranty

12) Buoys: 360 days on the material

13) “Mega ring” type buoys: 360 days

14) “Plasma Car” type vehicles and other pedal vehicles: covered by the original manufacturer’s warranty.

15) Plastic sledges for the track: 180 days on material defects, excl. transport costs

16) Sledges and foam material for the track: 180 days on material defects

17) Buoys for the Snowbob/snowglider: 180 days, excl. transport costs

18) Elastic tower: elastics 180 days

19) Zipline: 5 years on the metal rail, 180 days on the trolley. The customer is obliged to regularly check the trolley during use and have it replaced if necessary. Experience shows that trolleys may be worn after 1 year, depending on intensity of use.

20) Spinning barrel: 720 days – the bearing elements of the carousel must be checked regularly (at least 2x per year) and replaced if necessary. Experience shows that these must be replaced after 2 to 5 years of use.

21) Nets, ropes and cords: 360 days

Travel and/or accommodation costs are always borne by the customer in case of warranty.

55.  The customer undertakes to record any comments and defects in a logbook. This logbook must be available at all times during operation of the playground so that, in the event of any damage, it can be presented. Failure to keep this logbook correctly may lead to loss of warranty.

Measurements, plans and samples

56.  The dimensions on the (execution) plan are not binding and may be adjusted during the works if necessary, or may differ from those on the design plans. In the event of a conflict between the dimensions on the (execution) plans and those on the design plans, the dimensions on the (execution) plans shall prevail.

57.  The stated price includes: one proposal and one approval round regarding the necessary drawings. If the customer requires further adjustments, these will be settled on a time-and-materials basis or, failing prior agreement, at a lump-sum amount of EUR 500 per additional adjustment.

58.  The execution plans must be approved by the customer 8 weeks before the start of the worksite.

59.  AMECO BV retains the copyrights and full intellectual property of all plans, drawings, designs, photos, 3D visualisations, studies and calculations. These plans and other documents may under no circumstances be used, communicated or reproduced, even partially, without our written consent. The customer is liable for any unlawful use, communication or reproduction of the plans, in which case AMECO BV is entitled to compensation of 20% of the agreed price, without prejudice to AMECO BV’s right to prove the actual damage suffered. The designs must be returned upon first request.

60.  AMECO BV is not liable for possible errors in plans/sketches/drawings provided to it by an architect, the customer, or another construction partner.

61.  All samples, colours and materials made available are purely indicative and not binding. Shade, size and structure deviations may occur between samples and delivered goods. These are considered normal. The same applies to additional or repeat orders. They cannot give rise to complaints, refusal, return or any compensation.

62.  AMECO BV reserves the right, if supply difficulties arise, to deliver and use on site materials originating from third parties and of a brand other than that stated in the quotation but of comparable quality and price.

The customer acknowledges the following standard colour choices:

• the underside of the floor panels is standard in yellow, unless expressly agreed otherwise in writing;
• the brackets used to attach floor panels are standard in yellow;
• the clamps of the diagonal tubes are standard in yellow;
• the softplay elements are delivered as standard in a colour mix in which AMECO BV takes the customer’s wishes into account as much as possible; however, AMECO BV cannot guarantee that no deviating colours will occur. Colour deviations do not give rise to complaints or compensation.

Delivery and execution

63.  In case of delivery with installation, the risk passes to the customer at the moment the goods and the supplied materials are delivered to a place designated by the customer or are processed on the site. From that moment, the customer is responsible for damage to and misappropriation of the goods, as well as for damage to AMECO BV’s goods. The customer undertakes to ensure that the goods and materials can be delivered smoothly to the site or to the designated place. The customer shall take the necessary steps to secure the delivered goods on site and AMECO BV’s materials present against theft.

64.  The works are carried out in accordance with the rules of good workmanship, as specified in the quotation, the specifications or the technical prescriptions. The customer accepts these execution rules.

65.  The customer undertakes, for the entire period of use of the installation, to hang an identification sheet supplied by AMECO BV, stating, among other things, the name, address and telephone number of the contractor, clearly visible at eye level at the main entrance for the children of the playground. The customer undertakes not to remove this sign or even partially cover it, and to inform AMECO BV if the condition of this sign requires replacement. The customer also grants the contractor permission to replace or renew this sign even without an identifiable reason if the contractor so wishes. The identification sheet is also an obligation of the FPS (FOD).

66.  Works on materials owned by the customer.

We are not liable for damage during installation or repair by ourselves, by subcontractors or by employees to devices or materials owned by or supplied by the customer.

67.  Unfair recruitment.

The customer undertakes not to employ our staff, directly or indirectly, during the term of the agreement and for a period of 24 months thereafter. Any breach of this agreed obligation constitutes unfair recruitment and is penalised by EUR 25,000 per person, as compensation and interest, as a reasonable estimate of the actual damage, unless AMECO BV proves that the damage is higher.

Sale of commercial goods

68.  The customer must check the goods purchased by it for visible defects and/or non-conformity with the contractual arrangements at the moment they are delivered.

Right of retention and suspension

69.  AMECO BV reserves the right to suspend performance of its obligations and/or refuse delivery of materials, documents or goods as long as the customer has not fully complied with its contractual obligations, including timely payment of outstanding invoices or due advances.

70.  In particular, AMECO BV is entitled to retain (right of retention) goods or works already performed or delivered until the customer has fully complied with its payment obligations.

71.  This suspension or retention does not in any case give rise to compensation on the part of the customer, nor to postponement or extension of payment deadlines.

Deadlines – Force majeure and hardship (imprévision)

72.  The execution period stated by AMECO BV is purely indicative.

73.  Any event that constitutes an unforeseeable and insurmountable obstacle or forces AMECO BV to temporarily or permanently stop the works is considered a case of force majeure, including (non-exhaustively) accidents, wars and their consequences, adverse weather conditions, strikes, pandemics or epidemics, lock-outs, shortages of labour and materials, disruptions and transport difficulties, (technical) unemployment, etc. occurring at AMECO BV or at one of its suppliers or subcontractors.

74.  All circumstances that were reasonably unforeseeable at the time the quotation was submitted and are unavoidable, and that would make performance of the agreement financially or otherwise heavier or more difficult than normally foreseen, are also considered extraordinary circumstances. These extraordinary circumstances give AMECO BV the right to request revision or termination of the contract.

75.  Temporary suspension of the works due to force majeure or extraordinary circumstances automatically and without compensation entails that the originally foreseen execution period is extended by a period equal to the suspension period, increased by the time needed to restart the worksite. Any loss or damage to the executed work due to force majeure, or due to the customer’s own fault or that of persons for whom it is responsible or whom it allows or tolerates, is never borne by AMECO BV.

76.  If the customer wishes the works to be executed within a period shorter than the execution period initially foreseen, all additional costs arising therefrom shall be borne entirely by the customer.

Liability and acceptance

77.  Obtaining the blank inspection report and risk analysis from TÜV SÜD is considered the final completion of the works.

78.  After completion of the works, AMECO BV can no longer be held liable for visible defects. Any claim for liability for hidden defects attributable to AMECO BV and not falling within the scope of Articles 1792 and 2270 of the (old) Belgian Civil Code must be brought within three months from discovery of the defect. In any event, the claim expires after two years from final completion.

79.  AMECO BV cannot be held liable for excessive nuisance suffered by neighbours of the building if such damage is an unavoidable consequence of the execution of the works and cannot be attributed to a fault of AMECO BV. AMECO BV is therefore not liable for faultless neighbour nuisance. The customer is liable for such damage towards third parties and cannot seek recourse against AMECO BV.

80.  Without prejudice to the other provisions of these general terms and conditions, liability with respect to delivered and used products is limited to the warranty provided by the manufacturer.

81.  The warranties do not cover: intentional fault of the customer or its appointees; incorrect use or incorrect handling of the products or materials; damage caused by force majeure; frost and moisture damage; degradation in paint systems, even after a short time, resulting from moisture or saltpetre penetration, burst pipes, leaking gutters, etc. If the customer engages a third party for inspection and/or repair, AMECO BV cannot be held liable in any way and AMECO BV is no longer obliged to replace or repair defective or non-conforming goods.

Termination

82.  AMECO BV may, after prior written notice of default, terminate the agreement unilaterally and without prior court intervention in the event of the customer’s breach, without prejudice to AMECO BV’s right to compensation for the actual damage suffered. If the customer does not allow AMECO BV to execute the assignment within eight calendar days after written notice of default, this constitutes a breach as referred to, inter alia, in this article. This provision may be applied reciprocally by the customer in the event of AMECO BV’s breach.

83.  In the event of non-payment by the customer of one of AMECO BV’s invoices, AMECO BV is entitled, after prior written notice of default that has remained without effect for eight calendar days, to terminate the agreement unilaterally without prior court intervention, without prejudice to AMECO BV’s right to default interest and compensation as provided in Article 36, and without prejudice to the right to additional compensation for lost profits and suffered damage.

84.  AMECO BV also reserves the right to terminate the agreement unilaterally in the event of the customer’s death, incapacity, bankruptcy, collective debt settlement, cessation of payment, dissolution of the company or change of the company form.

Evidential value of electronic communications

85.  The parties acknowledge that all communications in commercial dealings between them, including but not limited to quotations, assignments, purchase orders, order confirmations, invoices, notifications and notices of default, may validly take place electronically, in particular by digital messages such as e-mail, WhatsApp, SMS, etc.

86.  Unless expressly agreed otherwise, e-mail traffic between AMECO BV and the customer is considered valid legal evidence of the content and date of dispatch and receipt, with the same evidential value as a written and signed paper document.

Recognition of electronic signatures

87.  The parties acknowledge that electronic signatures, regardless of the level of security (qualified, advanced or simple), are legally valid and binding for the performance of the agreement, unless otherwise agreed in writing.

88.  The parties expressly agree that documents electronically signed using a platform such as [e.g. DocuSign, Adobe Sign, e-ID, Itsme, etc.] have the same legal validity, evidential value and enforceability as documents manually signed on paper, in accordance with Regulation (EU) No 910/2014 (“eIDAS”).

Processing of personal data

89.  AMECO BV collects and processes the identity and contact details it receives from the customer relating to the customer itself, its staff, collaborators, appointees and other useful contact persons. The purposes of such processing are the performance of this agreement, customer management, accounting and direct marketing activities such as sending promotional or commercial information. The legal bases are performance of the agreement, compliance with legal and regulatory obligations and/or AMECO BV’s legitimate interest.

90.  For direct marketing purposes by e-mail (such as a newsletter or invitations to events), the customer additionally gives its explicit and free consent to AMECO BV to use its personal data. The data controller is AMECO BV, Nijverheidsstraat 4, 2235 Hulshout.

91.  The aforementioned personal data will be processed in accordance with the provisions of the General Data Protection Regulation and will only be passed on to processors, recipients and/or third parties insofar as this is necessary for the aforementioned purposes. The customer is responsible for the accuracy and keeping up to date of the personal data it provides to AMECO BV and undertakes to strictly comply with the GDPR provisions towards the persons whose personal data it has provided to AMECO BV, as well as with respect to any personal data it might receive from AMECO BV and its staff, collaborators and appointees. The customer confirms that it has been adequately informed about the processing of its personal data and about its rights of access, rectification, erasure and objection.

Publicity

92.  The customer gives AMECO BV permission to place one or more advertising panels on the worksite, using photos and drawings.

93.  The customer gives AMECO BV permission to take one or more advertising photos of the Construction and to use them for AMECO BV’s advertising purposes, with or without mentioning the customer’s name or address. The customer may withdraw this permission at any time in writing without prejudice to the lawfulness of prior use.

Applicable law and competent court

94.  The agreement between AMECO BV and the customer is governed exclusively by Belgian law.

95.  This agreement, including all accompanying documents, quotations, communications and dispute resolution, is drawn up exclusively in Dutch. In the event of translations of these terms and conditions or other contractual documents, the Dutch version shall be the only legally binding text. In the event of interpretative differences between the translation and the Dutch version, the Dutch version shall always prevail.

96.  Any dispute relating to the conclusion, validity, interpretation or performance of these terms and conditions, as well as any other dispute concerning or related to the agreement between AMECO BV and the customer, shall fall under the exclusive jurisdiction of the courts of the Antwerp district, Mechelen division.