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PortuguêsTerms and conditions
Article 1. Identity
Tevago, the trade name of Textura Vagarosa Unipessoal Lda, a company incorporated under Portuguese law with its registered office at Avenida Padre Alberto Neto 7A, 2635-346 Rio de Mouro, Lisboa, Portugal, tax number (NIF) PT518455319, with an establishment in Belgium at Gaversesteenweg 72, 9800 Deinze, registered with the Crossroads Bank for Enterprises under number BE1038.979.668, hereinafter "Tevago".
Article 2. Scope
2.1. These terms and conditions apply to all quotes, agreements and services of Tevago, unless expressly agreed otherwise in writing.
2.2. Tevago's services are intended exclusively for businesses, public authorities and organisations (hereinafter "the client"), and not for consumers.
2.3. By accepting a quote or placing an order, the client accepts these terms and conditions. The client's own terms and conditions do not apply, even if they are stated on the client's documents.
Article 3. Quotes
3.1. Quotes are non-binding and valid for 30 days, unless stated otherwise.
3.2. Quotes are based on the information provided by the client and on the findings during the site visit. If that information turns out to be incomplete or incorrect, Tevago is entitled to adjust the price and schedule.
Article 4. Formation of the agreement
The agreement is concluded when the client accepts the quote in writing (including by email), or when Tevago starts the work at the client's request.
Article 5. Execution
5.1. Tevago carries out the assignment in accordance with good workmanship. In doing so, Tevago enters into an obligation of means.
5.2. Stated deadlines and schedules are indicative, unless expressly agreed otherwise in writing. A delay does not entitle the client to compensation or termination of the agreement.
5.3. For each assignment, Tevago appoints a project manager as the client's point of contact.
5.4. Tevago may engage subcontractors to carry out the work, while remaining responsible towards the client.
Article 6. Client obligations
The client:
- provides timely access to the site and arranges the necessary permits and authorisations;
- informs Tevago in advance of the specific risks, safety regulations and house rules of the site;
- provides, where agreed, the necessary utilities (water, electricity) and sanitary facilities;
- provides all information needed to carry out the assignment properly.
Costs arising from the client's failure to meet these obligations, such as waiting times or additional travel, may be charged.
Article 7. Additional work
Work not included in the quote and carried out at the client's request is considered additional work and is charged at Tevago's applicable rates, unless a different price has been agreed in advance.
Article 8. Cancellation
8.1. If the client cancels an assignment, the client owes a fixed compensation of 15% of the agreed price, without prejudice to Tevago's right to prove greater actual damage.
8.2. In the event of cancellation within 48 hours before the scheduled start, or after work has started, the costs already incurred and the work already carried out are also payable in full.
Article 9. Prices and payment
9.1. All prices are in euros and exclusive of VAT, unless stated otherwise.
9.2. Invoices are payable within 30 days of the invoice date, to the account number stated on the invoice.
9.3. In the event of late payment, late-payment interest is due by operation of law and without notice of default in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, plus a fixed compensation for recovery costs as provided for in that Act.
9.4. In the event of non-payment, Tevago may suspend further execution of ongoing assignments until full payment has been received.
9.5. For longer-term assignments, Tevago may invoice in instalments or periodically, or request an advance payment.
Article 10. Complaints
10.1. Visible defects must be reported in writing, with reasons, within 8 days of execution or handover. After that, the work is deemed to have been accepted.
10.2. Complaints about an invoice must be reported in writing within 8 days of the invoice date.
10.3. A complaint does not suspend the obligation to pay.
10.4. If a complaint is justified, Tevago will remedy the defect or carry out the work again. That is Tevago's only obligation in the event of a justified complaint.
Article 11. Liability
11.1. Tevago is only liable for damage that is the direct result of a fault by Tevago or its employees.
11.2. Tevago's liability is in any event limited to the amount paid out by its insurance in the case concerned or, if the insurance does not cover it, to the invoice amount of the assignment concerned.
11.3. Tevago is never liable for indirect damage, such as loss of production, loss of profit, missed savings or damage to third parties.
11.4. These limitations do not apply in the event of wilful misconduct or gross negligence.
Article 12. Force majeure
In the event of force majeure, such as extreme weather conditions, strikes, pandemics, government measures or supplier failures, Tevago's obligations are suspended for as long as the force majeure lasts. If the force majeure lasts longer than 30 days, either party may terminate the agreement without compensation.
Article 13. Confidentiality
Both parties treat all confidential information they receive from each other in connection with the assignment as confidential, and use it solely for carrying out the assignment.
Article 14. Personal data
Tevago processes personal data in accordance with the GDPR, as described in the privacy policy.
Article 15. Establishments
Tevago operates from its registered office in Portugal and its establishment in Belgium. These terms and conditions apply to all assignments, regardless of which establishment handles the assignment or in which country it is carried out.
Article 16. Applicable law and competent court
16.1. Agreements with Tevago are governed by the law of the country where the work is carried out: either Belgium or Portugal.
16.2. In Belgium, disputes fall under the exclusive jurisdiction of the courts of the judicial district of East Flanders, Ghent division. In Portugal, disputes fall under the exclusive jurisdiction of the courts of the judicial district of Lisbon, Sintra division.
16.3. If any provision of these terms and conditions is invalid, the remaining provisions remain in full force.