General terms of service

1 . General provisions

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These general conditions define, without prejudice to the application of special conditions, the respective obligations of the contracting parties on the occasion of the services provided by BCM².
By signing the agreement or the order form or by accepting the order confirmation, our co-contracting party expressly acknowledges having read these general conditions and having accepted them.
The provisions which are not expressly derogated from continue to apply. Only exemptions that are the subject of a written agreement and signature on our part can modify the application of these general conditions.
In the event of conflict between the general conditions of our co-contractors and ours, it is agreed that the latter will prevail.

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2. Validity of offers

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Unless otherwise stipulated in writing, the period of validity of our offers is 30 days from the date of their issue.

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3. Orders

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Any order entrusted to us only commits us after written confirmation of their acceptance by us. After this written confirmation sent from us, we will use our best efforts to deliver the plans to you within the time frame stated in the offer.
Changes made by the customer to his order form or to our offer will only be valid if we have accepted and confirmed them in writing. If there is a change, a minimum of 3 working days will be added to the initial time.
In the event of unilateral cancellation of an order by the co-contractor, we reserve the right to demand compensation equal to 100% of the total amount of the order. If it is a package, the started plan is lost and will be deducted from the total amount of the plans agreed upon when the contract is signed.

A number of 3 plans per week is the maximum allowed, if there are exceptional circumstances a written agreement must be drawn up in advance.

4. Deadlines

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The deadlines set for our services or deliveries are given, unless otherwise stipulated, for indicative purposes only.
If a deadline is imperative, it must be clearly specified as such on the order form, taking account of article 3. In this case, the customer may, when the delivery is delayed, claim compensation without the latter. - this may exceed 10% of the total price of the order.

Even so, the following circumstances release us from our deadlines:

• Force majeure (including, in particular, strikes, technical incidents, supplier delay and labor shortage);

• Non-compliance with payment conditions;

• Changes decided by the customer during work;

• Failure to provide the desired information within the specified period;

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5. Delivery - Supply

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If the customer fails or refuses to take delivery of the services ordered, we reserve the right to demand the execution of the contract or to consider, after formal notice, the contract as being automatically terminated. In the latter case, the customer will owe us, as of right and within eight days after notification of this termination, compensation of 100% of the sale price.

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6. Retention of title clause

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We retain all property rights over the results of the services until full payment of the price and its accessories (possible costs, interest and penalties). Consequently, the customer expressly refrains from selling, publishing, assigning, pledging and in general alienating the results forming the subject of the contract, before clearing his account.
We may avail ourselves of this retention of title clause eight days after sending a formal notice to pay, by registered letter with acknowledgment of receipt, addressed to the customer and has remained ineffective. The products must then be returned immediately and on request.

The customer will nevertheless remain solely liable for the loss or destruction, even by fortuitous event or force majeure, of the products sold or of the results of the services.

In the context of a sale to an individual, a consent form will be communicated to the customer on which he must  indicate its agreement or disagreement with the fact that the project carried out by BCM² is published on the BCM² site. In the event of disagreement, BCM² undertakes not to publish the project of the client concerned.  

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7. Price

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The fixed prices are denominated in euros, VAT not included.

Our prices are in principle not revisable, but we can however pass on these changes in the rate of VAT which would occur before the delivery date.

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8. Payment

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Invoices are payable at our head office, at the latest within thirty calendar days of their sending.

As part of a package for professionals:

• If the total payment of the contract is paid in cash, a discount of 3% of the total sum will be applied.

• If the total amount of the contract is not paid in cash, a payment in equal monthly installments will take place.

After this period, any unpaid invoice will produce, as of right and without formal notice, a contractual interest of 12% per annum, with a minimum rate in accordance with that provided for by article 5 of the law of 2 August 2002 relating to late payment in commercial transactions.

On the 31st day after invoicing a reminder will be sent to you. If as a result of this an emergency payment is not made, any unpaid invoice will, in addition, be increased, automatically and without formal notice, by a fixed and irreducible indemnity of 15% of the remaining amount. unpaid with a minimum of 50 - € per invoice.

Any dispute relating to an invoice must reach us in writing, within fifteen days of its sending.
The consumer as defined by the Code of Economic Law may demand the benefit of the application of compensation and interest to the extent and under the conditions set by this clause, in the event of non-performance of our obligations.

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9. Guarantee

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The products will be deemed to be approved by the customer five calendar days at the latest after delivery, except for a specific and detailed complaint that he would notify us before the expiration of this period by email with acknowledgment of receipt.
The approval will cover all apparent defects and lack of conformity, that is to say all those that it was possible for the customer to detect at the time of delivery or within the five calendar days which followed by a careful control and serious.

When the plans provided by the customer present dimension errors which lead to inconsistencies between the virtual plans produced by BCM²  and in reality, the customer is held solely responsible for it and can in no case request compensation from BCM².

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10. Termination-resolution to the wrongs of a co-contracting party

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The foregoing stipulations do not contain any waiver of our right to claim, at our convenience, in the event of non-payment or non-compliance by our co-contractor with its contractual obligations, the resolution or termination of the agreement with damages.
In the event of termination-resolution of the contract due to the wrongs of a co-contracting party, the other will be owed a lump sum compensation of 100% of the total price.

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11. Disputes

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In the event of a dispute between the parties or of a payment suit, the courts on which our head office is located have sole jurisdiction. Belgian law will be applicable to the exclusion of any other.

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12. Changes to the agreement

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Any change in specific agreements or general conditions must be the subject of a written amendment signed by all parties.

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13. Salvation clause

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The invalidity or illegality of one of the clauses provided for in the contracts (specific and general conditions) agreed between the parties, in no way entails an invalidity or nullity of the other conditions of the contract concluded between the parties - clauses remaining fully valid.  

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14. Software 

BCM² uses virtual reality renderings provided by 3DS .  

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