1. Only these general terms and conditions of Alain DEBUSSCHERE, located at 2800 Mechelen, Pareipoelstraat 34, with company number 0774.381.088 (hereinafter “CAL-DRA”) govern the contractual relationship between the parties to the exclusion of the terms and conditions of CAL-DRA’s client and to the exclusion of any purchase conditions of the client or his or her co-contractor.

If preference is explicitly given in writing to the terms and conditions of CAL-DRA’s client, then the following terms and conditions shall apply in a supplementary manner.

2. All execution periods are given for information purposes only, and exceeding them shall in no case result in the cancellation of the order, nor can CAL-DRA be held liable for this.

3. Complaints regarding the services provided must be submitted in writing within five working days following the delivery of the service to which the complaint relates. After this period has elapsed, CAL-DRA can no longer be held responsible for any defects in the execution of its assignment.

4. CAL-DRA has the right to consider the agreement with its client as dissolved at the expense of this client in the following circumstances: bankruptcy of the client or non-payment or late payment by the client.

5. The client has the right to terminate the agreement provided that they compensate CAL-DRA for all its expenses, all its labor, and everything it stood to gain from the assignment. The parties agree on a fixed compensation for loss of profit, excluding expenses and labor, of 25% of the agreed price, subject to the right of CAL-DRA to claim higher compensation. In all cases where the agreement is dissolved at the expense of the client, the client shall pay CAL-DRA compensation fixed at a flat rate of 25% of the agreed price, subject to the right of CAL-DRA to claim higher compensation.

6. CAL-DRA only undertakes an obligation of means. Its liability is in any case limited to the sum of the contract amount, being the amount of the invoices that CAL-DRA issues to the client in execution of the agreement within the framework of which the error was committed. Furthermore, CAL-DRA shall never be liable for any form of compensation for indirect damage. This double limitation of liability does not apply in case of fraud or intent. Furthermore, the client waives all non-contractual claims against CAL-DRA and its agents, unless:
– in case of fraud;
– in case of an infringement of physical or psychological integrity or of an error committed with the intent to cause damage.

7. The plans, drawings, and other documents provided by CAL-DRA are prepared in support of the design and consultation process. The client shall ensure that these documents are checked and formally approved by a competent contractor, architect, or engineer before the work is carried out. The execution of works without such check and approval takes place entirely under the responsibility of the client.

8. When CAL-DRA is unable to execute the agreement due to force majeure, strike, lock-out, etc., it may terminate the agreement without the client being able to claim any compensation.

9. All prices are exclusive of VAT. Unless otherwise stated on the invoice, invoices are payable in cash at the registered office of CAL-DRA. Any amount remaining unpaid on the due date shall, without prior notice of default and by operation of law and from the invoice date, be increased by conventional interest equal to the interest rate as determined in Art. 5 of the Late Payment Act + 3%, which shall be a minimum of 12%, and a flat-rate compensation for collection costs, excluding judicial collection costs, of 10%, which shall be a minimum of EUR 50.00 per invoice. Any protest regarding CAL-DRA’s invoices must be reported in writing to CAL-DRA within a period of 8 days after receipt of the invoice.

10. If, in the context of the execution of the agreement, personal data of employees or appointees of CAL-DRA are communicated (name, contact details, position), the client undertakes to process this data only in accordance with the Belgian Law of July 30, 2018, on the protection of natural persons with regard to the processing of personal data and European Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The client further undertakes to strictly comply with the provisions of the General Data Protection Regulation with regard to the persons whose personal data he transfers to CAL-DRA. CAL-DRA processes personal data in accordance with its privacy statement, which is available at www.cal-dra.eu.

11. In the event of a dispute, Belgian law shall apply and only the Belgian Courts, specifically the Courts of the Antwerp district, Mechelen division, and, if applicable, the Justice of the Peace of the Mechelen canton, shall have jurisdiction.