General Terms and Conditions
1. General
1.1. The services of Normec BTV Audit, as ordered by the client and confirmed by Normec BTV Audit, as well as all quotations, invoices, and other documents issued by Normec BTV Audit and agreements concluded with Normec BTV Audit, are subject to these general terms and conditions.
These terms and conditions can also be consulted on the website of Normec BTV Audit: www.normecbtvaudit.com
The client is deemed to have accepted these general terms and conditions by the mere fact of placing an order. General terms and conditions of the client, under any designation, that deviate from these general terms and conditions of Normec BTV Audit, are not applicable and not enforceable against Normec BTV Audit, unless Normec BTV Audit has explicitly and in writing accepted such deviations prior to any contractual agreement.
1.2. These general terms and conditions determine the modalities and conditions under which Normec BTV Audit performs its services for clients. They also define the mutual obligations of Normec BTV Audit and the client in this context.
1.3. The nullity or unenforceability of one of the clauses in these general terms and conditions does not affect the validity or enforceability of the other clauses.
1.4. To the extent that these general terms and conditions have also been drawn up in a language other than Dutch, the Dutch version shall prevail in the event of discrepancies.
2. Services by Normec BTV Audit
2.1. Normec BTV Audit provides certification of HSE management systems (VCA certification) for clients. Normec BTV Audit performs the necessary audits and is entitled to issue VCA certificates within this context.
2.2. As a service provider, Normec BTV Audit undertakes a best-efforts obligation to perform these services with reasonable care and professional expertise.
2.3. Based on the services provided, Normec BTV Audit issues a VCA certificate in the name and on behalf of the client, provided it has been established that the client meets the applicable requirements. If the client receives a VCA certificate, the client may only use the “Normec BTV Audit VCA certified” logo during the validity period of the VCA certificate, in accordance with the provisions set out in work instruction “WI002 Use of Logos” and on the condition that the certificate remains valid and has not been revoked.
2.4. Any complaints regarding the services provided must be reported in writing and in detail to Normec BTV Audit within 8 working days after the service was provided. Liability claims by the client against Normec BTV Audit must be brought before a court within 12 months of the service being provided, under penalty of forfeiture.
2.5. Delays in the provision of services by Normec BTV Audit shall under no circumstances give rise to compensation.
2.6. Except for mandatory legal provisions to the contrary, the contractual liability of Normec BTV Audit for negligent or faulty performance of services is limited to the amount of the corresponding invoice issued by Normec BTV Audit to the client. Any non-contractual damage resulting from the services performed by Normec BTV Audit is limited to the insured amount for bodily and material damage. Normec BTV Audit undertakes to insure its civil liability at all times with an insurance company recognized in Belgium. Upon request, the client may ask Normec BTV Audit for proof of such insurance.
3. Client Obligations
3.1. The client shall ensure, with respect to Normec BTV Audit and its agents, that:
all necessary facilities are available to allow the service to be performed in a proper, extremely safe, and responsible manner;
the working conditions in which the service is to be carried out meet all legal requirements regarding hygiene, welfare, and safety, in particular the Welfare Act;
a representative of the client is present at the scheduled time and location where Normec BTV Audit is to perform the audit(s);
the “Normec BTV Audit VCA certified” logo is only used during the validity period of the VCA certificate issued by Normec BTV Audit and in accordance with the provisions set out in work instruction “WI002 Use of Logos”.
3.2. The client shall indemnify Normec BTV Audit at all times for any third-party damage claims resulting from services performed at the client's premises.
3.3. The client is fully responsible for the accuracy of the data and instructions it provides to Normec BTV Audit and its agents.
3.4. The client is strictly prohibited from actively approaching or soliciting employees of Normec BTV Audit for employment for a period of two years following the provision of services by Normec BTV Audit to the client. Any breach of this clause will automatically result in a fixed compensation equal to one year's gross salary of the hired Normec BTV Audit employee.
4. Prices and Price Changes
4.1. Prices are available at all times upon request from Normec BTV Audit.
4.2. All prices are quoted exclusive of VAT and other taxes or levies imposed by law or by public authorities in connection with Normec BTV Audit's services. Such taxes and levies shall always be borne by the client.
4.3. Prices quoted in offers are valid for the validity period of the offer. If no validity period is specified, the quoted prices are only binding for 3 months from the date of the offer.
4.4. Prices quoted cover services performed on weekdays from Monday to Friday during working hours between 8:00 a.m. and 6:00 p.m., excluding public holidays, Saturdays, and Sundays. Services outside normal working hours or on Saturdays are subject to a 50% rate increase. Services performed on Sundays and public holidays are subject to a 100% rate increase.
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