General terms and conditions

1. Definitions and Application of the General Terms and Conditions

Hereinafter referred to as:

• BBIA bv Interior Architects, with registered office at B-9070 Heusden, Kalverbosstraat 90, enterprise number BE 0714.984.921.
• The client: the customer who commissions BBIA bv.

These terms and conditions apply to all quotations, fee proposals, contractual agreements, and assignments between the parties.

The parties may only deviate from these general terms and conditions if expressly and in writing agreed.

2. Rights and Obligations of the Interior Architect

The interior architect is the designer and advisor of the client.

The assignment of the interior architect excludes specialised studies and expert investigations such as structural studies, asbestos inspections, HVAC, electricity, acoustics, EPB, and others. An interior architect is not authorised to act as safety coordinator, engineer, or architect. Whenever changes are made to the load-bearing structure of the building, an engineering firm and/or architect must intervene. This also applies to works requiring an environmental permit or notification for urban planning activities. Specialised studies, coordination and inquiries are carried out in the name and at the expense of the client.

3. Rights and Obligations of the Client

The client undertakes to have sufficient funds available in time to comply with the agreement with the interior architect and the contractor(s). The client shall provide the interior architect, in due time, with all necessary information for the development of the project, including his programme defining expectations and needs; legal information (property titles, easements, any urban planning permits, boundary limits, co-ownership regulations, etc.) and technical data (surveyor measurements, boundary plans, etc.).

The client is free to choose competent and solvent contractors, provided BBIA bv explicitly and in writing agrees. Contractors must comply with their social and tax obligations. The client will be duly informed by the interior architect of the obligation to engage qualified contractors who have all professional authorisations, when dealing with SMEs in the sense of the Act of 10 February 1998 promoting self-employment.

4. Costs and Fees

The assignment entrusted to BBIA bv is carried out on the basis of fees.

VAT on fees is payable by the client and is not included in unit prices or calculations. The interior architect undertakes, upon agreement with the client, to perform services not included in the original assignment for an additional fee—either a fixed amount agreed between parties or payable on a time-spent basis.

Unless otherwise stipulated in this agreement, any modification of the agreement, including the assignment of the interior architect, must be made by prior, written, and express agreement. Any modification will be discussed between the parties beforehand. The interior architect will record the modification and recalculate the cost. The client acknowledges that this estimate is approximate, and deviations do not incur liability on the part of the interior architect.

5. Payment Terms

Each fee invoice is payable net and in cash no later than the due date, being 14 days from the invoice date, unless specified otherwise. If the client does not accept an invoice, they must notify BBIA bv in writing by registered mail within 8 days.

Any overdue and unpaid invoice will, by law and without prior notice, be increased with a late-payment interest of 12% per year. Additionally, unpaid invoices will, by way of compensation, be increased by 12% with a minimum of €50, from the day after the due date, without prior notice and in addition to principal, interest, collection, and reminder costs.

Only the courts of the district of Ghent are competent for any disputes.

If an invoice is not paid on time, BBIA bv reserves the right to suspend the execution of the assignment until payment has been made, without any compensation being due.

6. Force Majeure

The interior architect is not liable if obligations cannot be fulfilled due to force majeure.

Holiday periods, strikes, accidents, supplier negligence, and all other unforeseeable circumstances beyond one’s control that hinder execution of the assignment are considered cases of force majeure. The impossibility of delivering or executing the assignment due to force majeure, hardship, or unpredictability as defined by Belgian law does not give rise to compensation or unilateral termination of the agreement.

7. Liability

All changes and adjustments not attributable to the interior architect are at the expense of the party requesting them. Any additional costs resulting from these changes may be charged to the requesting party without prior written agreement.

Under no circumstances may the interior architect be held liable for direct or indirect damage resulting from defects or errors in the delivery or installation of items or materials. The interior architect is not responsible for consequences arising from processing goods with visible defects, incorrectly delivered items, or work carried out by insufficiently qualified professionals.

8. Cancellation

No changes are accepted without prior written agreement from the interior architect. If the client refuses the order or if the work cannot be carried out, in whole or in part, due to the client’s actions, a compensation of 15% of the total project amount is owed, in addition to payment for work already performed.

The client is entitled to similar compensation if the interior architect terminates the contract or if execution cannot take place due to the architect’s actions.

The agreement is automatically and without notice considered terminated if there is a change in the client’s legal status, as well as in the event of bankruptcy or apparent insolvency.

9. Copyright

Despite the payment of fees, BBIA bv retains all intellectual property rights to the plans, studies, preliminary designs, photographs, renderings, and the work. BBIA bv has the exclusive right to reproduce, in whole or in part, the documents and the work in any form. These may under no circumstances be reproduced without prior consent.

The interior architect, as author of an original architectural work, has the right to receive copyright royalties and to benefit from such rights. The interior architect retains full artistic ownership of plans, studies, preliminary designs, and exclusive reproduction rights thereof and of the completed work.

The interior architect has the right to take photographs of the building, including interiors, under conditions agreed with the client. The interior architect may sign the work upon completion, provided it is done discreetly.

The client has the right to realise the project covered by this contract in a single instance, once all fees have been paid. The client may not use services for which corresponding fees have not been paid. Should the client continue execution of the work without the cooperation of the interior architect, the client must respect the architect’s work and contact them prior to making any modifications.

(last updated: 29 February 2024)