General Terms and Conditions of Sale

Unless otherwise stated in writing on the quotation, which shall always prevail, all sales and undertakings shall be deemed to be made on the terms and conditions hereinafter set out. We therefore disclaim any conditions contained in the documents of our customers or subcontractors; only our general terms and conditions of sale shall apply to our sales and work.

1.Our mission is to carry out all garden maintenance and landscaping work, regeneration and maintenance of lawns and plantations. Unless a non-binding offer is made, all requests for plans are subject to a fee, regardless of whether the work is carried out in full, in part or not. Only quotations are free of charge.

2 .Acceptance - An order is only valid once it has been signed by the customer. By signing, the customer accepts our general terms and conditions. On the other hand, if the order is not signed, the first payment of the customer's deposit automatically marks his agreement to the quote. Our price quotations are only valid for the period stipulated in the quotation or for a maximum of one month. We reserve the right to change our prices and conditions or to withdraw our quotations entirely after this period. In the event of an increase in the cost of materials during the course of the work, the customer shall bear the effects of this increase in a manner to be agreed.

3. cancellation of the work - the consumer customer has a right of cancellation of 14 calendar days from the acceptance of the quotation, in order to cancel the work without any costs or compensation. After this period, if the consumer customer or the company renounces the execution of the work ordered, the payment of an indemnity corresponding to 20% of the amount excluding VAT will be due.

Complaints - Only detailed and well-founded complaints received in writing within a maximum of 5 days after the supply, planting or execution of the work, which is the subject of the complaint, can be taken into consideration.

5.Conditions of work - Our obligations only concern the supplies and work included in the quotation signed by the client. Any additional work ordered during the course of the undertaking or resulting from work carried out at the customer's request, as well as any work ordered directly by the customer from our staff, will be taken into account. It is understood that all planting and landscaping work will be carried out on clean soil, i.e. free of construction waste (bricks, plaster, concrete, sand, gravel, etc.) or deforestation (stumps, roots). If necessary, this cleaning work, which is not our responsibility, can be carried out by us. The presence of weeds in the lawns can in no way be blamed on us, as the seed bags we use are guaranteed free of weeds and sealed by the O.N.D.A.H. Any damage that may be caused to underground pipes, electrical cables or any obstacle that is invisible on the surface, NOT NOTIFIED by the customer at the time of the order, shall be entirely at the customer's expense, as well as any work that may be required as a result. The client also undertakes to submit plans of underground pipes, cables and other works prior to the start of the work. Any change in the state of the premises between the signing of the quotation and the execution of the work shall automatically result in the cancellation of the quotation.

For any breach of the garden maintenance contract, a termination fee of 3 months will be charged.

6 Delivery and approval - All materials, plants and other supplies must be approved by the client within three days of their arrival on site; after this period, all supplies are considered automatically approved. If, during the course of the work, it is decided by mutual agreement that one or more of the items listed in the quotation should not be carried out, a deduction will be made from the invoice for these items, provided that the supply of the said items has not already been ordered from our suppliers, or that the work has not already begun, or that these items have not incurred costs. In this case, we shall be entitled to charge these costs or compensation costs.

In the event that certain supplies mentioned in the quotation are sold out at our suppliers, we reserve the right to replace them with other supplies that are as close as possible to these, with the agreement of the customer.

7.time of completion - The time of completion we may give is only an estimate and the actual completion of the work/supplies will depend on factors such as dampness, excessive dryness, frost, other weather conditions, shortage of materials and all other fortuitous and force majeure events. Any delay in the commencement of work or in the execution of the work shall not in any way relieve the client of responsibility or justify cancellation of the order and recovery of the deposit.

8.Warranty - The replacement of plants under warranty may not under any circumstances give rise to a claim for any damages whatsoever. The germination of the lawns is also guaranteed, but in the event of damage to the seedlings as a result of severe weather conditions (e.g. storms) or animals, the supplies (peat, fertiliser, seeds) required for reseeding will be charged to the customer. The maintenance itself, such as weeding, watering, spraying, etc., is also the responsibility of the customer. The guarantee is no longer granted if the customer ignores the maintenance advice given, if the lawns are trampled on prematurely or if the plantations perish due to frost or drought, after having been resumed normally. We are not responsible for supplies that are stolen or damaged at the customer's premises for any reason whatsoever. Any goods recognised by us as being non-conforming and taken back or replaced shall automatically become our property.

9.payments : The invoicing and payment system is issued in the name of "Productions Associés", located rue de Coenraets 72 B-1060 Brussels, Belgium. VAT BE0896755397 Invoices are payable in cash, failing which a 5 euro reminder fee will be charged. In addition, the amount will be increased automatically and without notice of default by 1% per month of delay and a fixed compensation of 15% (with a minimum of 75 euros). All invoices issued remain due and must be paid in full. Furthermore, in the event of termination for non-payment, any annual maintenance contract is due in full. The payment of an invoice shall never constitute proof of payment of a previous invoice that has not yet been settled. In the event of any disputes, the Commercial Court of Nivelles shall have sole jurisdiction.

All additional work in relation to the initial order as well as all supplies are payable in full in cash if a separate invoice is presented, or with the balance of the sums due, if the additional work appears on the general invoice.

Any stoppage in payments shall give us the right to stop the work, without prejudice to any of our rights.

All supplies delivered to a customer remain our property until the invoice has been paid in full.

10.supply of water - The supply of water necessary for the watering of plants during planting and for maintenance is at the expense of the customer.

DP Garden, Garden contractor, specailist reasoned pruning & Leader in lawn painting on the Belgian and Luxembourgian market.