General Terms and Conditions of Sale

9 August 2025

This text is a translation. In the event of any discrepancy, the French version prevails.

ARTICLE 1 – PURPOSE AND SCOPE

1.1 These General Terms and Conditions of Sale (hereinafter the “GTC”) set out the rights and obligations of Thermopro and its customers in respect of all its services, whether heating, plumbing, unblocking, installation, repair or equipment replacement work, preventive or corrective maintenance, or any other technical intervention falling within its field of activity.

1.2 These GTC apply to all orders, whether placed in writing, verbally, by telephone, by email or by any other means, even in the absence of a formally signed written contract, provided that there is agreement on the nature of the work and on the agreed price. Requesting an intervention or accepting a quote constitutes full and unconditional acceptance of these GTC.

1.3 Unless expressly agreed otherwise in writing, these GTC prevail over any other general or special conditions issued by the customer.

1.4 They also apply to any additional service, amendment or modification during performance, as well as to any work made necessary by unforeseen technical issues that were not apparent at the time of the initial order.

1.5 The possible invalidity of any clause of these GTC shall not affect the validity of the other provisions, which shall remain in full force and effect.

ARTICLE 2 – QUOTES, ORDERS AND CANCELLATIONS

2.1 Quotes are drawn up on the basis of the information provided by the customer and describe precisely the nature, scope and limits of the planned services. Any service or supply not explicitly mentioned in the quote is excluded and will be invoiced additionally.

2.2 Quotes may be chargeable where they require a visit, a technical diagnosis, dismantling or any prior intervention. The travel, labour and assessment costs incurred in preparing a quote remain payable, even if the customer decides not to proceed.

2.3 Any order is deemed firm and final upon confirmation, whether communicated in writing, by telephone, by email, or by signature of a quote or a service order form.

2.4 Any modification made by the customer to a confirmed order must be approved in writing by Thermopro. Such a modification may result in longer timescales and/or an adjustment to the initial price.

2.5 The cancellation of an order must be notified in writing (by post or email). In the event of cancellation after acceptance of the quote or confirmation of the order, the customer shall owe a fixed indemnity equal to 50% of the total planned amount, as compensation for costs incurred and loss of profit.

2.6 For any order relating to an urgent intervention, any cancellation, even if no work has been carried out, shall give rise to the invoicing of the call-out fee, the urgency surcharge and any out-of-area costs.

2.7 Thermopro reserves the right to require payment of a deposit prior to any intervention. Failing payment of this deposit, Thermopro may suspend performance of the services without compensation.

2.8 If Thermopro becomes aware of any information likely to affect the Customer’s solvency, it reserves the right to require additional guarantees or advance payment, or even to suspend or refuse performance of the services.

ARTICLE 3 – LIABILITY OF THE PRINCIPAL

3.1 The person placing the order, whether acting on their own behalf or on behalf of a third party, is held liable for payment of all sums due under the order, unless a written agreement explicitly provides that this obligation lies with another third party (for example, the owner or manager of the building).

3.2 If the order is placed by a representative (architect, property manager, contractor, etc.), that representative must provide written evidence of their mandate and of the principal’s commitment to pay.

ARTICLE 4 – RESPONSE AND COMPLETION TIMES

4.1 The timescales communicated by Thermopro are given for information purposes only and may change depending on technical constraints, the availability of parts, weather conditions, the current workload or any unforeseeable external event. The time spent on an intervention is determined on the basis of the records made by Thermopro’s technicians and may only be disputed in the event of a manifest error.

4.2 Thermopro reserves the right to suspend or postpone any intervention in the event of non-payment of an overdue invoice, without this giving rise to any compensation whatsoever.

4.3 Delays in intervention or delivery may not give rise to penalties, discounts or cancellation of the order, unless agreed in writing in advance.

4.4 Thermopro accepts no liability for any direct or indirect damage that may result from a delay, in particular in the event of the closure of premises, loss of turnover, contractual penalties or any other commercial loss suffered by the Customer.

ARTICLE 5 – CONDITIONS FOR CARRYING OUT THE WORK

5.1 The time invoiced includes all necessary operations: site preparation, return travel, performance of the work, tests, checks, cleaning and restoration of the work area.

5.2 The first hour of labour is indivisible and any half-hour or part thereof is payable.

5.3 The customer or their representative is invited to check the service at the end of the work and to sign the job sheet. In the absence of a signature, the work is deemed accepted without reservation.

5.4 Intervention reports, work orders, photographs, recordings, electronic communications and any other medium produced by Thermopro constitute sufficient proof of the services performed, unless the Customer provides evidence to the contrary.

5.5 Diagnoses, dismantling or preliminary interventions carried out at the customer’s request are invoiced, even if the customer decides not to proceed with the work.

5.6 Any intervention requested as an emergency is deemed accepted by the Customer at the applicable rate, even in the absence of a prior quote.

5.7 If the Customer refuses to have the work carried out on site, the call-out and diagnosis costs remain payable in full.

ARTICLE 6 – PRICES

6.1 Prices are exclusive of VAT and ancillary costs, unless otherwise stated.

6.2 Minimum rate: call-out fee charged at €60 excl. VAT and labour charged at €80 excl. VAT for the first indivisible hour, then per half-hour or part thereof.

6.3 Costs for the removal of materials, special handling, specific procurement or any exceptional logistics are borne by the customer and are invoiced additionally.

6.4 Prices may be adjusted in the event of a change in the cost of raw materials, energy or labour between the order and the performance of the services.

ARTICLE 7 – SUPPLEMENTS AND SURCHARGES

7.1 Fixed supplements: urgent intervention (€50 excl. VAT), applied to any intervention scheduled less than 48 hours after the customer’s request; diagnosis (€80 excl. VAT), payable for every intervention since a prior technical diagnosis is required before any repair operation; intervention outside the Brussels area (€30 excl. VAT); intervention in unsanitary conditions (€100 excl. VAT).

7.2 Technical supplements: manual unblocking (€80 excl. VAT), unblocking with a pump (€150 excl. VAT), unblocking with a spring machine (€180 excl. VAT), unblocking with a high-pressure machine (€280 excl. VAT), camera inspection (€250 excl. VAT).

7.3 Any request for a report, an intervention report, a written diagnosis, a certificate or any other supporting document, whatever the reason or the recipient (insurer, landlord, property manager, etc.), shall be invoiced additionally at €80 excl. VAT, on top of the cost of the initial intervention.

7.4 These supplements are cumulative and apply in addition to the labour, travel and parts costs and to the applicable time-based surcharges.

7.5 Time-based surcharge: +50% for any service performed between 6pm and 10pm on weekdays and on Saturdays; +100% for any service performed between 10pm and 8am on weekdays, on Sundays, public holidays and statutory leave days.

These surcharges apply to all invoiced items, namely: labour, travel costs, parts and materials, as well as all the fixed charges referred to in Articles 6 and 7.

ARTICLE 8 – CUSTOMER OBLIGATIONS AND TECHNICAL CONDITIONS

8.1 The Customer must ensure that the work area is freely accessible, clear and safe before the technicians arrive. Access must allow the necessary equipment to be transported and used.

8.2 The Customer undertakes to provide, free of charge, a pressurised water supply and a compliant and safe electricity supply.

8.3 The premises must be ready for the intervention. Thermopro cannot be held liable for any damage or inconvenience related to dust, scratches, chips, splashes, residues, damp or dirt caused by the work.

8.4 Furniture, appliances or bulky items must be moved by the Customer before the intervention. If the technicians have to move them, this shall be done at the Customer’s own risk, without recourse against Thermopro.

8.5 For work requiring drilling, chasing or recessing, the Customer must indicate in writing the position of concealed pipes or cables. Failing this, Thermopro cannot be held liable for any accidental damage.

8.6 The Customer is solely responsible for the compliance of pre-existing installations with applicable standards and for the risks associated with their age and dilapidation.

8.7 Damage resulting from the removal, replacement or repair made necessary on old, fragile or concealed elements (pipework, floor tiles, wall tiles, sanitary ware, walls, ceilings, etc.).

8.8 Consequences of an unblocking or drain-cleaning intervention on an obstructed, dilapidated or cracked pipe whose prior condition precludes any guarantee of result.

8.9 Stains, marks or alterations on surfaces (floors, sanitary ware, coverings, etc.) resulting from the use of drain-unblocking products, including acids, where these have been used in the course of an attempt to unblock or a clearing procedure, even as a last resort.

8.10 Thermopro accepts no liability for materials, equipment or parts supplied by the Customer. No defect, malfunction or incompatibility may be attributed to Thermopro in this context.

8.11 Thermopro accepts no liability for damage caused to roofs, conservatories or glass roofs following an intervention, nor for waterproofing problems resulting from the work.

8.12 It is expressly agreed that, unless otherwise stated in writing in the quote or invoice, cosmetic finishing work following any opening up of or damage to floors, ceilings, walls, partitions, tiling or other elements required to carry out the intervention is not included in the scope of the service. Any restoration of these remains the sole responsibility of the Customer.

8.13 The Customer is also liable towards third parties (in particular neighbours) for unavoidable damage related to the work, unless Thermopro is proven to be at fault.

8.14 If access to the site is impossible, if the Customer is absent or if conditions prevent the intervention, the call-out fee and waiting time remain payable.

8.15 Thermopro reserves the right to terminate the contract automatically, without compensation, if the Customer refuses to cooperate or if a situation jeopardises the proper performance of the work.

ARTICLE 9 – RETENTION OF TITLE

9.1 Materials, parts and supplies delivered or installed by Thermopro remain its exclusive property until full payment of all sums due.

9.2 The Customer nevertheless bears the risks from the time of their delivery or installation.

9.3 In the event of non-payment or bankruptcy, Thermopro may take back the delivered equipment, wherever it may be, without prior formality, and the Customer must allow such access.

9.4 It is expressly agreed that no installed supply may be considered immovable property by incorporation until full payment has been made.

ARTICLE 10 – WARRANTIES

10.1 Unless otherwise stipulated, new goods supplied by Thermopro are covered by a two-year legal warranty, limited to the replacement or repair of equipment recognised as defective.

10.2 Spare parts installed inside boilers (in particular internal components, wear parts or specific technical elements) are covered by a warranty limited to a period of six months from their installation. This warranty strictly complies with the warranty conditions and period granted by the manufacturer of those parts. Consequently, no additional contractual warranty may apply beyond that of the manufacturer.

10.3 The warranty does not cover labour, travel or transport costs, unless agreed in writing.

10.3 The warranty is excluded in the following cases:

• lack of regular maintenance of the installation
• intervention by a non-approved third party
• improper use of the equipment
• defect related to age or normal wear and tear
• apparent defects not reported within 8 days of delivery or installation

10.4 No warranty of any kind shall apply until the invoices issued by Thermopro have been paid in full.

10.5 Unblocking, drain-cleaning work or interventions on existing pipes are never guaranteed, given the uncertainties related to the condition and wear of the pipes.

10.6 Thermopro in no case guarantees pre-existing installations, nor the consequences of its intervention on them.

10.7 In any event, Thermopro is bound only by an obligation of means (best-efforts obligation). Its liability is strictly limited to the amount, excluding VAT, of the invoice concerned.

It may only be held liable in the event of gross negligence or wilful misconduct. Thermopro may in no case be held liable for indirect, intangible or consequential damage, such as operating losses, loss of income or any other economic loss.

ARTICLE 11 – FORCE MAJEURE

11.1 Thermopro is released from all contractual obligations in the event of force majeure or an unforeseeable event such as breakdown, bad weather, strike, lock-out, shortage of materials, fire or any other event preventing the performance of the work.

ARTICLE 12 – INVOICING

12.1 Invoices are issued in the name of the principal.

12.2 Thermopro reserves the right to invoice its services as they are performed, even partially.

ARTICLE 13 – PAYMENT

13.1 Unless otherwise agreed, payment is due immediately and in full at the end of the intervention.

13.2 In the event of late payment, any unpaid sum shall automatically and without prior formal notice bear interest at the rate provided for by the Law of 2 August 2002 on combating late payment in commercial transactions, as well as a fixed indemnity of 10% of the amount due, with a minimum of €75.

13.3 In the event of non-payment of an invoice by its due date, Thermopro reserves the right to make all sums due immediately payable, including those not yet due, and to suspend any current or future intervention.

13.4 Thermopro reserves the right to terminate the contract automatically, without compensation, in the event of non-payment.

ARTICLE 14 – COMPLAINTS

14.1 Any complaint must be made by registered letter within 72 hours of the intervention, and within 48 hours for any dispute concerning an invoice. After this period, no complaint will be taken into account.

14.2 Payment of the invoice or use of the installations constitutes final acceptance of the work carried out.

ARTICLE 15 – DISPUTES

15.1 These GTC are governed by Belgian law. Any dispute falls within the exclusive jurisdiction of the courts of Brussels.

ARTICLE 16 - PROVISIONS APPLICABLE TO CONSUMERS

16.1 Where the Customer acts as a consumer within the meaning of the Code of Economic Law, the applicable mandatory provisions shall prevail over these general terms and conditions.

16.2 The clauses of these GTC may in no case deprive the consumer of the rights granted to them by the applicable legislation.

ARTICLE 17 – PERSONAL DATA PROTECTION (GDPR)

17.1 Thermopro collects and processes the customer’s personal data solely for the management of quotes, interventions, invoices and legal obligations.

17.2 This data is kept for the period strictly necessary for the performance of the services and for legal obligations.

17.3 It is only passed on to third parties where required by law or where technically necessary in connection with the work.

17.4 In accordance with Regulation (EU) 2016/679, the customer has the right of access, rectification, erasure and portability, which may be exercised by writing to info@thermopro.brussels or to Thermopro’s postal address.

17.5 The customer may lodge a complaint with the Data Protection Authority (DPA).