1. Contractor identification
NAM BV (private limited company / Besloten Vennootschap)
Registered office: Zwijnaardsesteenweg 683, 9000 Ghent, Belgium
Enterprise number: 0792.212.559
VAT: BE0792.212.559
RLE: Enterprise Court of Ghent, Ghent division
Main activity: NACE 41.201 (general construction of residential buildings) and NACE 43.299 (other building installation)
Contact: info@namconstruction.be · +32 493 81 27 89
2. Scope
These terms apply to all quotes, assignments, agreements and works carried out by NAM BV, to the exclusion of any purchase or other terms of the client. Deviations are only valid if accepted in writing by NAM BV. The terms are made available before the conclusion of the agreement and form an integral part of it.
3. Quote and formation of the agreement
Unless otherwise stated, quotes are valid for 30 calendar days from the date of issue. The agreement is formed upon written acceptance (including email) of the quote by the client or upon an express order confirmation. Prices are stated excluding VAT. The applicable VAT rate (6% or 21%) is determined on the basis of a declaration signed by the client in accordance with VAT legislation (Royal Decree no. 20, table A, XXXVIII) confirming that the dwelling is older than ten years and is exclusively or predominantly used as a private residence. Incorrect declarations are the client’s responsibility.
4. Execution, planning and additional work
The execution period is stated in the quote and is indicative unless expressly agreed as binding. Force majeure (including pandemic, material shortages, extreme weather, strikes, government measures) extends the execution period by the duration of the impediment, without entitlement to compensation. Changes to scope, additional work or unforeseen circumstances are recorded in writing, including their impact on price and schedule, before any further execution.
5. Payment (business clients — B2B)
Invoices are payable within 30 days of the invoice date, unless otherwise agreed. In case of late payment, the following is owed by operation of law and without notice of default:
- • Default interest of 10% per annum on the outstanding amount
- • A fixed compensation of 10% of the outstanding amount, with a minimum of €125
- • These clauses are reciprocal: the same compensation is due by NAM BV in case of demonstrable late performance outside force majeure
6. Payment (private clients — B2C)
Invoices are payable within 30 days of the invoice date. In case of late payment, a first free notice of default is sent. If payment is not made within 14 calendar days of receipt, the following is owed in accordance with Book XIX CEL:
- • Default interest at the statutory rate applicable to payment arrears (Act of 2 August 2002)
- • A fixed compensation: €20 if the debt does not exceed €150; €30 plus 10% of the portion above €150 for debts between €150 and €500; €65 plus 5% of the portion above €500 for debts exceeding €500, with an overall maximum of €2,000
- • The same rules apply reciprocally when NAM BV owes amounts to the client
7. Acceptance, reception and warranty
At the end of the works, a provisional reception takes place. Visible defects must be reported in writing at that time or within 8 calendar days. Final reception follows one year after provisional reception, unless otherwise agreed.
For minor hidden defects that become apparent after acceptance, NAM BV’s contractual liability is 2 years from the provisional reception, in accordance with established practice in the construction sector.
The ten-year liability for serious defects that jeopardise the stability or soundness of the works (or an essential part thereof), as set out in article 5.86 of the Civil Code (formerly art. 1792), remains fully applicable and cannot be limited or excluded by these terms.
8. Insurance
NAM BV holds the statutorily required ten-year civil liability insurance in accordance with the Act of 31 May 2017 (Peeters-Borsus), as well as an operational civil liability insurance for site liability.
The insurance certificate stating the insurer, policy number and coverage period is, in accordance with article 12 of the aforementioned Act, made available to the client and any architect before the start of the works.
9. Right of withdrawal (private clients only)
For contracts concluded at a distance (e.g. online, by email) or outside our usual place of business, you as a consumer have a right of withdrawal of 14 calendar days, as provided for in article VI.47 et seq. CEL.
Important exception: if you expressly request us to begin the works within this 14-day period and the works are fully performed before the end of that period, the right of withdrawal lapses (art. VI.53, 13° CEL). If the works are partly performed, you owe a compensation proportionate to the work already carried out.
The model withdrawal form is available on simple request at info@namconstruction.be.
10. Complaints, applicable law and jurisdiction
Complaints should preferably be reported first directly via info@namconstruction.be. We respond within 7 working days.
In case of persistent disputes, recourse may be had to the Construction Conciliation Committee (www.bouw-verzoeningscommissie.be), which provides free out-of-court dispute resolution for construction disputes.
This agreement is exclusively governed by Belgian law. For all disputes, without prejudice to special consumer jurisdictions, the courts of the judicial district of Ghent have jurisdiction, and in particular the Enterprise Court of Ghent, Ghent division.