LEGAL INFORMATION - GENERAL TERMS AND CONDITIONS
1 Office
The projects are handled by the architectural firm VERBRAEKEN x BISET architects BV, with registered office in 2018 Antwerp, Jan Van Rijswijcklaan 83 box 4. The company number is 0764.538.162.
Founders: Arch. Cathérine Verbraeken and Arch. Alexis Biset, assisted by staff if necessary.
Both founders are registered at the Table of the Order of Architects in Antwerp.
Phone: 0032 497 89 06 56
General e-mail address: info@verbraekenbiset.com
VERBRAEKEN x BISET architects BV has taken out an insurance policy that covers its civil liability, including the ten-year liability, with the company Protect NV with registered office at 1080 Brussels, Jetsesteenweg 221 (info@protect.be tel. 02/411.41.14) under policy number 00 /A.13280, up to the following amounts per claim: €1,500,000.00 for physical injuries (to be indexed – stated amount to ICP 106.26 – basic index April 2007) + €500,000.00 for material and immaterial damage mixed + € 10,000.00 for entrusted items (last two amounts to be indexed – amounts stated to Abex 648 – November 2006). The architect bears no responsibility whatsoever for the mistakes of the other construction partners who intervene in the erection of the building. The architect is only liable for his own mistakes. Nor can the architect be held liable for material defects. The client accepts that the civil liability of the architect is limited to the extent to which and to the amount for which he is insured.
2 Services - fees and costs
2.1
Unless otherwise agreed, the fees of VERBRAEKEN x BISET architects are calculated on the basis of a percentage, depending on the construction cost. The hourly wages are communicated to the client during an initial consultation and are estimated according to criteria such as complexity, urgency, etc.
2.2
The acceptance of an order can be the subject of a prior payment request, whereby the payment by the client constitutes the confirmation of the order.
2.3
Delivered services are usually invoiced per phase. The observance of the payment term implies the confirmation of the further continuation of the order.
2.4
The office costs are preferably calculated at a fixed rate based on a percentage of the fees. Special costs can be accounted for separately.
2.5
The architect is not the authorized representative or agent of the client.
The agreement is an obligation of means whereby the architect fulfills his assignment by delivering the necessary performances in a timely manner that are imperative due to the nature and importance of the constructive executions.
It is expressly agreed that the technical specialized studies regarding stability, techniques, HVAC, topographical survey of building sites and/or existing buildings and adjacent properties and sidings, the preparation of statements of findings, energy performance calculations, EIA screening, garden and landscape architecture, building historical studies, safety coordination, presentations, et cetera, fall outside the scope of the assignment given to the architect. However, the latter will have to coordinate those studies with the general building plans. The additional remuneration to be paid to the specialized engineers/consultants is at the expense of the client. The appointment of these specialists is carried out by the client after consultation with the architect. The specialists are responsible for both the study and the inspection of the works. The architect bears no liability for these assignments, nor for the control of the works with regard to these assignments. A separate agreement is concluded between the client and the technical advisers/specialists.
3 The client
3.1
The client is responsible for providing all information relating to the case, if necessary confidentially covered by the architects legal professional secrecy.
3.2
The client provides the appropriate information regarding his or her address, telephone, fax and e-mail, which allows the architects to correspond personally and confidentially.
Any changes in this respect must be notified to the office immediately and in writing.
3.3
The invoices of VERBRAEKEN x BISET architects bv are payable in Antwerp within 21 calendar days.
Any protest shall only be valid if it is submitted by registered mail with sufficient justification within 8 calendar days from the date of the invoice.
If payment is not made within the specified payment term, a default interest of 10% per annum is due, starting from the due date. A formal notice of default is not required for this purpose. A fixed compensation fee of 10% of the total amount of the fee invoice will also be charged, with a minimum of €150. In such case, VERBRAEKEN x BISET architects bv reserves the right to suspend further services.
The following measures apply to private clients:
In the absence of full payment by the client within 14 calendar days (+ three business days if not sent electronically) after the first payment reminder is sent, a compensation fee is due by operation of law and without prior notice:
- €20 if the amount due is less than or equal to €150;
- €30 increased by 10% of the amount due above €150;
- €65 increased by 5% of the amount due above €500, with a total limit of €2,000.
In the absence of full payment by the client within 14 calendar days (+ three business days if not sent electronically) after the first payment reminder is sent, the client shall owe interest by operation of law at the statutory interest rate for late payment in commercial transactions, as stipulated in Article 5, paragraph 2 of the Law of 2 August 2002 on combating late payment in commercial transactions. These interests are calculated on the outstanding amount.
Our liability is limited to a maximum amount equivalent to what is actually paid out by our professional liability insurance policy.
Any reductions applied to the actual time compared to the invoiced time are solely based on unilateral commercial considerations and do not create a precedent for future services.
3.4
The Client must be aware of strict procedural deadlines prescribed by the Law. Questions to the Client should therefore be answered as soon as possible.
4 Disputes
4.1 Ombudsman
For information in this respect, the client may contact the secretariat of the Antwerp Council of Architects;
Rucaplein 104
2610 Wilrijk (Antwerpen)
BE
Tel.: +32 3 239 78 58
E-mail: raad.antwerpen@ordevanarchitecten.be
4.2 Belgian Law and Antwerp Court
Belgian law shall apply and the Courts of Antwerp shall have jurisdiction in this matter.