Terms & Conditions – KATIA Procurement Ltd.




Article 1 – Definitions


In these general terms and conditions, the following definitions apply:
a. "KATIA Procurement": the private limited company KATIA Procurement BV, having its registered office in Oostkamp, Kapellestraat 138/0-02, registered with the Crossroads Bank for Enterprises under number 1021.877.083, which is engaged in procurement advice, interim management, project supervision and related services.
b. "Client": any natural or legal person who concludes or intends to enter into an agreement with KATIA Procurement.
c. "Agreement": the agreement concluded between KATIA Procurement and the Client regarding the provision of services.
d. "Services": all work offered or provided by KATIA Procurement, such as advisory services, guidance, analyses, presentations, training and related work.
e. "In writing" means by letter, e-mail or any other electronic means of communication.


Article 2 – Applicability


a. These general terms and conditions apply to all offers, quotations, agreements and legal acts between KATIA Procurement and the Client, unless expressly agreed otherwise in writing.
b. Deviations from and additions to these terms and conditions are only binding if they have been agreed in writing.
c. The applicability of the Client's general terms and conditions is expressly rejected.


Article 3 – Quotations and conclusion of the agreement


a. All quotations from KATIA Procurement are without obligation and have a validity period of 30 days, unless otherwise stated.
b. An agreement is concluded at the moment that the quotation or order confirmation signed by the Client has been confirmed in writing by KATIA Procurement, or at the moment that KATIA Procurement has started to carry out the work.
c. KATIA Procurement is entitled to refuse an order without giving reasons.


Article 4 – Performance of the contract


a. KATIA Procurement will make every effort to carefully execute the agreement according to the requirements of good workmanship.
b. KATIA Procurement determines the manner in which and by which person the agreement is executed.
c. If and to the extent required for the proper execution of the agreement, KATIA Procurement has the right to have work carried out by third parties.


Article 5 – Obligations of the client


a. Client shall provide KATIA Procurement in a timely manner with all information and cooperation necessary for the correct execution of the agreement.
b. The Client guarantees the correctness and completeness of the information provided by it.
c. If Client fails to comply with its obligations, KATIA Procurement has the right to suspend the execution of the agreement and/or charge additional costs.


Article 6 – Modification of the Agreement


a. If, during the execution of the agreement, it appears that it is necessary to amend or supplement the agreement for proper performance, the parties will amend the agreement in mutual consultation.
b. Changes to the agreement may lead to an adjustment of the agreed price and/or instalments. KATIA Procurement will inform the Client about this in a timely manner.


Article 7 – Rates and payment


a. The rates applied by KATIA Procurement are exclusive of VAT and any other government levies.
b. Unless otherwise agreed, KATIA Procurement invoices according to the following arrangement: 30% upon signing, 40% during execution, 30% upon delivery.
c. Payment must be made within 14 days of the invoice date to a bank account indicated by KATIA Procurement.
d. In the event of late payment, the Client is in default by operation of law. In that case, the Client will owe interest of 1% per month and all extrajudicial and judicial collection costs.


Article 8 – Duration and termination of the agreement


a. The agreement is entered into for a definite period of time or for the duration of a specific project, unless otherwise agreed.
b. Both parties may terminate the agreement in writing with a notice period of one month.
c. KATIA Procurement may terminate the agreement with immediate effect if:
  • The Client is in default of its obligations;
  • The Client is declared bankrupt or applies for a suspension of payments;
  • There is force majeure on the part of KATIA Procurement.


Article 9 – Intellectual property


a. All intellectual property rights to the works developed or made available within the framework of the agreement (such as reports, analyses, models, documents, software, presentations and methodologies) are vested exclusively in KATIA Procurement.
b. Client is not permitted to reproduce, publish or make available to third parties these works without the prior written permission of KATIA Procurement.


Article 10 – Confidentiality


a. The parties are obliged to maintain confidentiality of all confidential information that they obtain from each other in the context of the agreement.
b. Information is considered confidential if this has been communicated by a party or if this arises from the nature of the information.
c. This obligation shall also remain in force after termination of the agreement.


Article 11 – Liability


a. KATIA Procurement is only liable for direct damage resulting from an attributable shortcoming in the performance of the agreement.
b. The liability of KATIA Procurement is limited to the amount invoiced by KATIA Procurement to the Client in the context of the agreement, with a maximum of €10,000 per assignment.
c. KATIA Procurement shall not be liable for any indirect damages, consequential damages, lost profits, lost savings or damages due to business interruption.
d. Any claim for damages shall be time-barred one year after the occurrence of the damage.


Article 12 – Force majeure


a. In the event of force majeure, KATIA Procurement is entitled to suspend the execution of the agreement or to dissolve the agreement in whole or in part without being obliged to pay any compensation.
b. Force majeure includes, but is not limited to: illness of personnel, government measures, pandemics, natural disasters, malfunctions in third-party systems, strikes, wars or other circumstances that make the execution of the agreement impossible.


Article 13 – Personal data and privacy


a. KATIA Procurement processes personal data of Clients in accordance with the applicable privacy legislation (GDPR).
b. Personal data will only be used for the execution of the agreement and will not be provided to third parties, unless required by law or with the consent of the person concerned.


Article 14 – Disputes and applicable law


a. Belgian law applies exclusively to all legal relationships between KATIA Procurement and Client.
b. Disputes shall be submitted exclusively to the competent court of the district of Bruges.