BMI SPRL General Terms and Conditions
1. Subject of the agreement
The present general terms apply to the sale of B.M.I. SPRL, based in 48 Rue Frans Hals – 1070 Brussels – Belgium with Registration and VAT number : BE0421.256.152, products and services, including their accessories and options. In case of contradictions, any contractual provisions or specific terms take precedence over the general terms. Additionally, the present terms always take precedence over any general terms of the customer.
2. Entry into force of the agreement
2.1. The agreement takes effect on the date on which B.M.I. SPRL accepts without any reserve the order placed by the customer.
2.2. Should the customer totally or partially withdraw an order placed on a B.M.I. SPRL site or for another location after the seventh business day following the day after the contract was signed, B.M.I. SPRL reserves the right to require automatically and without formal notice a fixed lump-sum cancellation penalty of 20% of the value of the cancelled order.
2.3. Without prejudice to the provisions of the law concerning trade practices, once B.M.I. SPRL has made a partial or complete delivery of the products and services, the customer can no longer cancel the order.
2.4. B.M.I. SPRL has the right to require a deposit at the time the order is placed. Said deposit cannot exceed 20% of the total value of the order.
3. Delivery, receipt, and installation
3.1. After purchase the customer will get an access to CheckAtWork platform which includes a portal and a mobile application allowing him to declare his building sites and register all of his employees and subcontractors to Belgian National Office for Social Security. There is no set-up fee and only check-ins will be charged following the pricing grid. In addition to the platform and mobile application , the customer can purchase a QR code, NFC reader “mobyGate” which allows the use of ConstruBadge – Limosa or Belgian ID cards for the check-ins.
The customer is responsible for the installation of the service, unless he signs a technical assistance agreement with B.M.I. SPRL, if he asks B.M.I. SPRL to carry out the installation.
3.2. If the customer carries out the installation, the product can either be picked up at a B.M.I. SPRL facility, or delivered by B.M.I. SPRL, at the customer‘s cost, by any means appropriate.
3.3. If the installation is carried out by B.M.I. SPRL, the service is delivered, tested, and made ready for service by B.M.I. SPRL or a person designated by B.M.I. SPRL, and signed for by the customer. The service shall be delivered by B.M.I. SPRL to the address indicated by the customer, on the date or within the time limit stipulated. A delay in delivery of less than 15 working days cannot be grounds for an indemnity, fine, or cancellation of the sale. Delivery costs shall be borne by the customer, unless B.M.I. SPRL is also carrying out a new connection or unless otherwise specified in the contract. Delivery shall be considered complete at the moment the product arrives at the delivery address. A request to postpone delivery shall only be considered if it is made by the customer in writing at least eight business days before the scheduled delivery date. In the case of postponement, the parties shall agree to jointly decide on a new delivery date. Said date must occur no later than six months after the date the order was placed.
3.4. If delivery is made by B.M.I. SPRL, the customer or a person designated by the customer, must, at the moment the item is received, ensure its conformity to the item identified in the contract or in the guarantee certificate. The customer shall be automatically considered to have taken delivery of the item without reservation, definitively and irrevocably, if he has not stated any objections via registered letter addressed to B.M.I. SPRL in the three days following delivery. With regard to the implementation, the same time restrictions shall apply for objections concerning the installation and the setting up of the product or service by B.M.I. SPRL.
3.5. Installation costs shall be borne by the customer. In all cases, the customer must ensure that the product or service is installed in a location enabling an acceptable arrangement, as well as normal terms of installation, use, and maintenance. If necessary, the customer shall be liable for costs arising from the placement, in locations to be determined by B.M.I. SPRL, of electrical connections, and/or ground wires needed for the functioning of the product or service.
3.6. The customer must provide unencumbered access at reasonable hours to the site where the product or service is located, to enable persons designated by B.M.I. SPRL to carry out the installation, technical assistance, modifications, or removal. The customer may designate a representative who shall provide B.M.I. SPRL with all information necessary to properly install the product or service and who shall be present during installation.
3.7. All costs incurred by B.M.I. SPRL as a result of non-compliance with the provisions of Articles 3.5 and 3.6 shall be borne by the customer.
4. Price – terms of payment
4.1. Prices of our products and services are generally quoted excluding V.A.T and administrative costs. V.A.T. and costs related to delivery, transportation, and installation are not included and will added to the final invoice when applicable. Any and all taxes or other costs incurred between the moment the order is placed and delivery shall be borne by the customer.
4.2 For the orders via the website, the customer needs to create an account which will be verified based on his email and VAT number, he will then be able to purchase the most convenient plan. Once the payment has been verified by our payment acquirer, the customer will receive a notification confirming he can use the service.
4.3. In principle, payment should be made in cash at the same time the product or service is picked up at B.M.I. SPRL or delivered to the customer, minus any down payment.
If payment is postponed, it shall be made into the company’s bank account, in the manner, and within the time limits indicated on the bill. If no time limit is indicated on the bill, payment must be made no later than thirty calendar days after the date of billing.
4.4. If the bill is not paid by the due date, a moratory interest calculated at the legal rate shall be assessed automatically and without prior notification. Additionally, sums remaining unpaid fifteen working days following notification by registered letter shall automatically be increased by a valid lump sum settlement of 15%, not less than 25,00 EUR , in order to offset the additional general costs for B.M.I. SPRL.
4.5. the customer has always the choice to choose his method of payment. Today we do accept Visa, MasterCard, Maestro, PayPal and bank transfer to our account: IBAN: BE10 4218 1100 9104 – BIC: KREDBEBB
4.6. In case of recurring payments: the customer will agree to be debited by periodic withdrawals from his account. There is no charge for the test period and if the customer accepts to pursue the service the first withdrawal will be debited after the end of first month usage.
4.7. The duration of all our services is for a year unless stipulated differently. The service is automatically renewed unless the customer sends a cancellation notice of 45 days before the end of service contract by email or registered letter.
5. Transfer of property and risks
5.1. The product shall remain property of B.M.I. SPRL until completely paid for. Until such time, the customer may not cede, alter, pawn or give the product as security in any form to a third party, nor dispose of it in any way whatsoever. In the case of seizure, or any other claim by a third party to rights to the product, the customer is obliged to oppose this and to immediately inform B.M.I. SPRL so that the latter may defend its rights.
5.2. All risks transfer to the customer once the product is delivered or picked up. From that moment on, the customer bears all risks associated with loss, theft, and total or partial destruction of the product.
6.1. Products sold by B.M.I. SPRL have a guarantee covering parts and labor against any material or manufacturing defect. Travel costs of B.M.I. SPRL personnel are not covered by the guarantee, unless the customer has signed a technical assistance contract.
6.2. The guarantee is valid for one year, unless otherwise specified in the contract. The guarantee period commences on the date the product is delivered or picked up.
6.3. The guarantee is valid only insofar as the customer uses the product properly and in the intended fashion and under normal terms. The guarantee shall be honored only on presentation of the receipt, cash register ticket, or ad hoc certificate completed by B.M.I. SPRL.
6.4. B.M.I. SPRL will do everything possible to restore the product to proper working order as quickly as possible. B.M.I. SPRL alone shall determine what constitutes necessary repair or replacement.
6.5. Depending on what is indicated in the guarantee document, the customer must contact the appropriate technical service, in its original packaging or another equally protective type of packaging. Depending on the nature of the defect, the product shall be either repaired on-site, exchanged, or sent elsewhere for repair. The guarantee period covering a repaired or replaced product shall expire at the same moment as the guarantee applicable to the purchased product, but cannot be less than three months. For more complex product, or upon the express request of the customer, B.M.I. SPRL can repair the product at the installation address. If on-site repair is not possible, the technician shall inform the customer and, with the customer‘s agreement, proceed with removing the defective product.
6.6. The guarantee does not cover the following:
(a) Damage of any nature whose cause does not precede the sale.; (b) Damage, malfunction, and other defects which are the fault of the customer or whose cause is external to the machine: accident, improper use or insufficient maintenance, non-compliance with user manual instructions, lightning, humidity, power surges, or any other case of force majeure; (c) Repair or replacement of mobile elements (cords, wires, plugs, antennae, etc.), the replacement of accessories which must by their nature be replaced on a regular basis (batteries, paper, ink, etc.), and the provision of cleaning supplies.
6.7. The guarantee does not apply if:
• the customer modifies or repairs the product himself or with the assistance of persons not authorized by B.M.I. SPRL; • the customer removes or falsifies the manufacturing and/or serial numbers of the product.
7. Liabilities of B.M.I. SPRL
B.M.I. SPRL cannot be held responsible for indirect or non-material damage suffered by the customer as a result of the non-functioning or improper functioning of the product, such as any loss of production, income, or contracts. B.M.I. SPRL cannot be held liable for any direct or indirect damage caused by the software delivered with or installed in product.
8. Technical assistance
8.1. For certain products to be determined by B.M.I. SPRL, the customer can request a technical assistance contract from B.M.I. SPRL.
8.2. If the product was not installed by B.M.I. SPRL, or if the guarantee has expired, the acceptance of the request for technical assistance shall be subject to a prior technical inspection of the product, to be paid for by the customer.
9. Cancellation of the agreement
9.1. If, due to an error attributable to B.M.I. SPRL, delivery takes place more than 15 working days after the scheduled delivery date, the customer may, by registered letter sent to B.M.I. SPRL, request either the cancellation of the agreement, or the payment of an indemnity equivalent to 1.5 % of the purchase price for non-delivered product, per entire week of delay. Under no circumstances may the total indemnity exceed 20% of the purchase price.
9.2. Should the customer fail to pay in the fifteen working days following the due date, B.M.I. SPRL may declare the agreement automatically void, by sending a registered letter to the customer. The cancellation shall not be subject to prior notice. Cancellation of the agreement shall oblige the customer to return, at his costs, any product delivered to him previously. The damages to which B.M.I. SPRL is entitled in this case shall be no less than 20% of the amounts due.
10. Documents and software
B.M.I. SPRL shall award the customer non-exclusive rights to use diagrams and other technical or commercial documents concerning the products purchased. These documents cannot be transferred to a third party without B.M.I. SPRL‘s written agreement.
If need be, the standard version of the product’s software (or firmware) shall be provided, and the customer shall be granted simple non-exclusive and non-transferable user‘s rights to the software or any other software provided separately. The customer explicitly recognizes that all software contains technical and confidential data which are the property of B.M.I. SPRL or its supplier. The customer agrees not to duplicate, copy, or erase the software and to respect its confidential nature. Any software delivered shall be subject to the general terms provided at delivery or contained in a license agreement.
11. Complaints to B.M.I. SPRL
In case of difficulties related to the execution of the agreement, the customer is invited to contact B.M.I. SPRL’s local service. The email address is located in the B.M.I. SPRL website.
For Belgium : firstname.lastname@example.org
12. Applicable law
The provisions of the agreement shall be governed by Belgian law. Any disputes concerning the interpretation or application of the agreement fall under the sole jurisdiction of the Belgian courts.