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Terms and Conditions 

1. Purpose

These general terms and conditions of sale (GTC) govern the contractual relationship between SEE BUILDING (hereinafter referred to as "the Company"), VAT No.: BE0800850573, whose registered office is located at Avenue des Hirondelles, 16 1410 Waterloo, and whose email address is: info@seebuilding.be, and its customers, concerning the provision of services and the supply of products related to HVAC regulation.

2. Orders

Any order implies unreserved acceptance of these GTC. Quotations are valid for a period of 30 days from their date of issue.

3. Terms of payment

Prices are quoted in euros, excluding VAT.

The terms of payment are to be agreed upon when the contract is signed. 

In the event of late payment, in accordance with the law of 4 May 2023 inserting Book XIX "Consumer Debts" into the Belgian Economic Law Code, our general terms and conditions of sale include the following provisions applicable to consumers:

  • First free reminder: In the event of non-payment by the due date, a first free reminder will be sent to the consumer, containing the information required by law.
  • Payment period: No fees, interest or compensation will be claimed before the expiry of a period of 14 calendar days following the sending of the first reminder.
  • Capped compensation clauses: Late payment interest and fixed compensation applicable in the event of non-payment after this period are strictly regulated and capped in accordance with Article XIX.4 of the Economic Law Code.

These measures are intended to ensure greater transparency and fairness in our commercial relations with consumers.

4. VAT reverse​ charge

In the absence of a written objection within one month of receipt of the invoice, the customer is presumed to be liable and required to file periodic returns. Failing this, the customer will assume full responsibility for the payment of the tax, interest and any fines.

5. Delivery and installati​on

Delivery and installation times are provided for information purposes only. The Company cannot be held liable for delays due to circumstances beyond its control, such as force majeure: natural disasters (floods, storms or other climatic events); fires or explosions, pandemics or epidemics that may affect staff or supply chains; industrial disputes (strikes, lockouts, etc. that may disrupt production, logistics or transport services); acts of war or terrorism; government decisions (embargoes, sanctions, administrative measures); major power failures (prolonged power cuts, communication network failures or other technical interruptions beyond the company's control); cyberattacks (computer intrusions, ransomware or other cybersecurity incidents paralysing management or production systems).

6. Warranty – Non-conformity

New equipment, sold uninstalled, is covered by the manufacturer's warranty for one year against any manufacturing defect or fault. Parts recognised as defective will be replaced, excluding labour.

New equipment installed by SEE BUILDING is guaranteed for one year against any manufacturing or installation defect or fault. The warranty covers parts, labour and travel.

The warranty does not entitle the purchaser to any compensation or reimbursement of costs.

The following are excluded from the warranty: any defects due to misuse or damage caused by factors unrelated to the device, as well as the consequences of a lack of protection or a defect in the installation (e.g. electrical) to which the device is connected.

The warranty shall be void if it appears that the defects found are the result of insufficient maintenance on the part of the Customer, misuse of the device, use that does not comply with the order form or the manufacturer's and/or SEE BUILDING's instructions, or Subscribe to DeepL Pro to edit this document. Visit www.DeepL.com/pro for more information. The General Terms and Conditions of Sale have been brought to the Customer's attention and are accepted prior to placing an order. Customer signature any work carried out on the device, such as adjustment or disassembly, whether this work was carried out by the Customer or by a third party (other than SEE BUILDING employees) following the Customer's instructions..

The warranty shall also automatically cease in the event of:

- intervention by a third party on SEE BUILDING's Products and/or Services;

- late payment by the Customer;

- unlawful use by the Customer (or any other person for whom they are responsible) of SEE BUILDING's Products and/or Services that falls outside the manufacturer's intended use.

SEE BUILDING cannot, under any circumstances, guarantee that the Product(s) and/or Service(s) will function at all times without restriction or disruption, particularly due to necessary maintenance, the dependence of the Product(s) and/or Service(s) on potential suppliers/subcontractors or any other third parties. SEE BUILDING shall nevertheless make every effort to ensure that the Customer can use the Products and/or Services in an optimal manner. The Customer expressly acknowledges, however, that SEE BUILDING cannot be held liable for the inaction, breach or any possible fault committed by any other third party.

SEE BUILDING is liable for any lack of conformity that exists at the time of delivery of the Products and that appears within twelve (12) months of delivery.

The lack of conformity shall be deemed not to exist within the meaning of this article if:

a. the Customer was aware of this defect or could not reasonably have been unaware of it;

b. the lack of conformity results from the Customer's improper installation of the goods in disregard of the installation instructions, the use of unsuitable supplies, the storage of the Products in an inappropriate place, or any other fault or negligence on the part of the Customer;

c. the Products are suitable for any special purpose sought by the Customer, which the Customer brought to the attention of SEE BUILDING at the time of conclusion/signing of the contract/purchase order;

d. the Products/Services are fit for the purposes for which Products/Services of the same type are normally used;

e. the Products/Services are of the usual quality and performance that the Customer can reasonably expect, given the nature of the Products/Services;

f. the Customer has used the Products/Services in an abnormal manner and/or contrary to the specifications of SEE BUILDING and/or the manufacturer/distributor of the Products and Services.

The Customer is required to inform SEE BUILDING in writing of any lack of conformity within one month of its discovery. Failing this, SEE BUILDING has the right to refuse to apply the warranty, which may not, in any event, exceed that of the manufacturer/distributor of the Products. The replacement or repair of a defective part by SEE BUILDING does not extend the initial warranty period granted to the Customer.

SEE BUILDING cannot be held liable for any failure of the Products and Services caused by an accident, fire, natural disaster, power failure or, in general, any other failure resulting from circumstances beyond its control.

No claim, even if made within the time limit specified herein, shall have the effect of suspending the warranty or the obligation to pay.


 

 

 

 

7. Liability

The Company declines all liability for indirect or consequential damages related to the use of the products or services provided.

8. Retention of Title

The supplier retains ownership of the goods until the purchaser has paid in full all of its obligations. Prior to such payment, the purchaser is prohibited from pledging or reselling the goods.

9. Complaints

Any complaints relating to our services (delivery, installation, invoicing, etc.) must be made in writing, either by email to info@seebuilding.be or by post to Drève Richelles 161J, 58, 1410 Waterloo, Belgium, within 14 calendar days of the occurrence of the event giving rise to the claim or receipt of the relevant invoice.

The complaint must contain the following information:

  • The customer's full contact details.
  • The relevant order or invoice number.
  • A detailed description of the problem encountered.
  • Any relevant supporting documents (photos, documents, etc.).

Upon receipt of the complaint, we undertake to acknowledge receipt within 5 working days. A reasoned response will be communicated to the customer within 15 working days of receipt of the complaint. If additional time is required, the customer will be informed of the reasons for the delay and the estimated time frame for a final response.

In the event of persistent disagreement, the customer may contact the Consumer Mediation Service:

10. Personal Data

In the course of its activities, SEE BUILDING collects and processes personal data in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and current Belgian legislation.

The data collected is used for the purposes of order management, invoicing, delivery, after-sales service and, where applicable, for commercial communications, subject to the customer's prior consent.

This data is kept for the time necessary to fulfil the aforementioned purposes, unless legal obligations require longer storage.

In accordance with the GDPR, the customer has the following rights: access, rectification, erasure, restriction of processing, objection and portability of their data. They may exercise these rights by contacting​ info@seebuilding.be.

For more information on how SEE BUILDING processes personal data, please consult our privacy policy available on our website or on request.

11. Termination

In the event of a serious breach of the customer's contractual obligations, in particular in the event of non-payment of an invoice by its due date, and after formal notice by registered letter with acknowledgement of receipt has remained without effect for a period of 15 calendar days, SEE BUILDING reserves the right to terminate the contract automatically, without judicial intervention.

This termination will result in all sums due becoming immediately payable, without prejudice to SEE BUILDING's right to claim damages for the loss suffered.

In the event of termination, the customer undertakes to immediately return any unpaid equipment and to cease all use of the services provided.

12. Unforeseeable circumstances 

In the event of unforeseeable circumstances arising after the conclusion of the contract, beyond the control of the parties, rendering the performance of the contract excessively onerous for one of them, that party may request a renegotiation of the terms of the contract in accordance with Article 5.74 of the Belgian Civil Code.

During the negotiations, the parties undertake to continue to perform the contract. If the negotiations fail within a reasonable period of time, each party may refer the matter to the court in order to adapt the contract or terminate it, in whole or in part, in accordance with the terms set by the court.

13. Applicable Law and Disputes

Any dispute relating to the interpretation, performance or termination of this contract shall be subject to the exclusive jurisdiction of the courts of the customer's place of residence or the courts of the place where the obligations in dispute or any of them arose or where they are, have been or must be performed in Belgium, even in the event of multiple defendants, the introduction of third parties or summary proceedings.

The parties expressly agree that this contract is governed by Belgian law. Any dispute relating to the validity, interpretation or performance of this contract shall be settled definitively in accordance with Belgian law.

Prior to any legal action, the parties undertake to seek an amicable solution to their dispute within thirty (30) calendar days of written notification of the dispute by the most diligent party.

14. Important Notes

The hydraulic and air networks shall be duly checked and adjusted prior to our intervention for dynamic testing. These shall be at your expense.

It is essential to check the most recent version of the diagrams provided. The Company cannot be held liable for any failure to use an up-to-date version.

Any service proven to be unnecessary or unforeseen, attributable to the circumstances and failures listed below, will be invoiced in accordance with the pricing conditions in force for project management services:

  • Travel and on-site presence without the possibility of performing the planned services.
  • Absence or insufficiency of equipment or electrical connections.
  • Lack of available voltage.
  • Inadequate safety conditions for people or equipment.
  • Restrictions on access to the areas concerned.
  • Lack of accessibility to installations (e.g. adjustments in false ceilings or enclosed spaces).
  • Lack of information or cooperation from representatives and subcontractors.
  • Lack of active presence of the installer to perform static and dynamic tests.
  • Design errors or poor choice of equipment supplied by the customer.

The client is required to provide all necessary information, including the data point register and the configuration and connection parameters for their integration into the system.

SEE BUILDING reserves the right to suspend work or services until safety conditions and requirements are restored.