Invoicing and Delivery Terms
Bimefy BV, headquartered at Engsbergseweg 36a, 3980 Tessenderlo, Belgium, shall be referred to as 'Bimefy' hereinafter.
The term 'customer' pertains to any individual or legal entity to whom our offers are directed or with whom we establish an agreement for service provision.
These comprehensive general terms and conditions supersede any conditions put forth by the customer. Unless stipulated otherwise through explicit written agreement, all services are contracted under the following stipulations and conditions. These terms form an integral component of the service agreement and take precedence over its clauses.
Any complete or partial cancellation of the agreed-upon work must be communicated in writing. In such instances and when the agreement is dissolved to the customer's detriment, the latter shall be held liable to pay a fixed compensation of 30% of the total agreed amount. This sum is intended to cover fixed and variable costs, as well as loss of profit, while still allowing the service provider to demonstrate higher damages if warranted.
The service provider commits to a best-effort undertaking and can solely be held accountable for deliberate errors. Irrespective, any potential compensation owed by the service provider is invariably capped at the amount invoiced and received for the specific assignment, excluding cases of deliberate misconduct.
2. Hourly Services
All hourly services are meticulously documented on work orders and presented monthly to the project manager for approval and endorsement. Monthly invoices are generated based on the work orders duly signed.
3. Invoicing
All invoices are due for payment within 30 days of the invoice date. Invoice amounts are always payable at Engsbergseweg 36a, 3980 Tessenderlo. The mere acceptance of the invoice automatically constitutes notice of default according to Article 1139 of the Belgian Civil Code, without necessitating any formal action, simply by virtue of the lapse of the stipulated period. Unless otherwise indicated, invoices are to be paid in cash.
Each invoice shall be presumed accepted unless contested via registered mail within eight days. From the due date onward, the unpaid portion of our invoices will automatically and without further notice accrue a default interest rate of 12% per annum.
Should an invoice remain unpaid on its due date, all outstanding invoices, including those not yet due, will become immediately payable. In case of non-payment on the due date and in the absence of timely and well-founded protest, the debtor is automatically liable, pursuant to Article 1147 of the Belgian Civil Code, to pay a fixed, irrevocable compensation of 10% of the unpaid amount, with a minimum of 125 EUR, in addition to default interest and potential legal costs.
In the event of untimely payment of an invoice, Bimefy reserves the right to halt work immediately until all outstanding debts are settled. All consequential expenses will be borne by the customer.
All disputes fall exclusively under the jurisdiction of the Justice of the Peace of Beringen and/or the Court of First Instance or the Commercial Court in Antwerp (Hasselt division).
4. Index Adjustment
All rates will evolve in line with national index adjustments. Index adjustments will be communicated at least 1 month in advance.
5. Validity Period
The conditions outlined in the quotation will remain valid for 3 months following the quotation date. The act of signing the quotation will serve as a purchase order upon commencement of an assignment.
6. Modeling Work
Bimefy employs skilled Revit modelers. These modelers are highly trained and always operate under Bimefy's supervision. The client is responsible for delivering accurate and comprehensive information, enabling the modeler to construct the Revit models effectively. Neither the modeler nor Bimefy can be held responsible for missing or inaccurately provided information necessary for model construction.
The modeler assumes an executive role but not a decision-making one. The modeler will not make architectural assumptions without the client's consent. The modeler will inform the client of any deficiencies in accurate information or uncertainties beyond their purview to resolve. Should the client opt to grant the modeler design freedom or engineering tasks, this must be conducted under the client's supervision, who takes full accountability for the modeler's outcomes. Bimefy and the modeler cannot be held liable for the accuracy of resulting models and/or drawings based on the foundational data provided by the client.
When crafting Revit models, it is assumed that the provided source information is comprehensive and consistent, serving as a reliable starting point. In the event of uncertainties or discrepancies pertaining to components critical to project completion within the set timeframe, the modeler will make assumptions. These assumptions will be conveyed to the client's project leader. Adjustments will always be accounted for on a time-and-materials basis.
7. BIM Services (Coordination & Management & Consultancy)
Bimefy is committed to providing maximal service for identifying and reporting conflicts within virtual building models. The focus lies on the quality of the BIM models, not their architectural aspects. Bimefy employs state-of-the-art software applications and adept, highly trained personnel. However, neither the software nor Bimefy can guarantee the discovery, identification, or follow-up of all conflicts. Bimefy undertakes a resource commitment with the client, not an outcome commitment.
Bimefy does not take a stance in discussions regarding architectural junctions, nor does it offer advice on such matters. Bimefy does not fulfill the role of architectural coordinator in this regard, as that role is reserved for other project participants outside the purview of Bimefy. Bimefy cannot be held liable for architectural errors that could lead to failure costs.
The success of a BIM implementation process hinges on the degree of adoption, correct adherence, and disciplined application of guidelines delineated by the BIM process manager, upheld by all project participants. Neither the BIM manager nor Bimefy can be held accountable for any failure to meet schedules due to BIM-related conflicts. In cases of non-compliance with the rules outlined by the BIM manager, Bimefy reserves the right to promptly withdraw from the project without repercussions from the client.
8. Non-poaching Bimefy collaborators
The client shall abstain from directly hiring the employees conducting assignments for Bimefy at the client's premises, whether during the current contract duration or within 12 months following its termination, unless prior written agreement is reached between the client and Bimefy. If the client chooses to hire any of these Bimefy employees during the aforementioned period, the client shall, upon request, compensate Bimefy with a fixed sum of 25,000 EUR per employee. This provision applies from the first point of contact between the client and Bimefy, even preceding the actual commencement of the assignment.