These general invoice terms and conditions apply to all Belgian companies that are part of the PKF BOFIDI group, located at Kortrijksesteenweg 1126A, 9051 Ghent (hereinafter “PKF BOFIDI”).
1. PKF BOFIDI reserves the right to issue an advance invoice or interim invoice either prior to the commencement of services or at any time during the performance of the services.
An advance payment (or retainer) is a fixed amount payable by the client to PKF BOFIDI prior to an interim or final invoice. This advance may cover services already performed or expenses already incurred, or may serve as a prepayment for services to be rendered or expenses anticipated, or a combination thereof. Any advance payment will be credited against the total amount due in the interim or final invoice. Unless expressly agreed otherwise, payment of an advance payment does not constitute a final settlement of fees or expenses.
PKF BOFIDI reserves the right to adjust its rates each year based on the consumer price index.
2. Unless explicitly agreed otherwise, our invoices are payable upon receipt, either at PKF BOFIDI’s registered office or by bank transfer to the account indicated on the invoice.
If the client is a business entity, PKF BOFIDI is entitled, in the event of late payment and from the invoice due date, to charge interest at the rate determined under article 5 of the Law of August 2, 2002, on combating late payment in commercial transactions. This entitlement arises as of right and without the need for a formal notice of default. In addition to any other legal rights, we are also entitled to claim a compensation fee in the event of late payment. Given the difficulty of calculating the exact damages incurred, the parties agree to set liquidated damages at 10% of the invoice amount, with a minimum of 75 EUR.
If the client is a consumer, the client will receive a formal notice of default requiring payment of the outstanding amount within fourteen (14) calendar days. If payment is not made within this period, default interest will be due starting from the day following the date of the notice of default until full payment is made. The default interest rate shall be the statutory interest rate, plus an additional eight percentage points, in accordance with article 5 of the Law of August 2, 2002, on combating late payment in commercial transactions.
In addition, a fixed compensation fee will be charged as follows:
This compensation is without prejudice to the right to claim a higher amount in the event that the actual administrative and collection costs exceed the fixed compensation.
3. In these circumstances, PKF BOFIDI also reserves the right either to suspend the performance of its activities in all cases on which it is working for the client concerned until all outstanding invoices have been paid in full, or to terminate all work with the client with immediate effect.
PKF BOFIDI is not liable for any damage resulting from the suspension of its activities or the termination of its agreement with the client.
4. The client shall remain solely liable for the payment of PKF BOFIDI’s fees and expenses in respect of rendered services, regardless of whether such services are provided in whole or in part for the benefit of third parties. PKF BOFIDI has no obligation to seek payment from any third party unless explicitly agreed otherwise.
5. If PKF BOFIDI represents the interests of multiple clients in a case, all of these clients are jointly and severally obligated to pay the statements of fees and costs relating to the case (including any additional costs), regardless of the client in whose name PKF BOFIDI has issued the assignment letter.
6. Any complaints regarding the invoiced services will only be accepted if submitted by registered mail within twenty (20) calendar days of the invoice date and addressed to the statutory seat of PKF BOFIDI. After this period, the underlying invoice will be considered final, and any complaints received thereafter will no longer be accepted.
7. Solely Belgian law will govern the professional relationships between the parties to which these general invoice terms and conditions and our assignment letter apply. All disputes in this regard shall be submitted exclusively to the courts within the judicial area in which PKF BOFIDI is established, without prejudice to the competence of the professional bodies having authority over us.
8. The general invoice terms and conditions are drafted in Dutch, French and English. In the event of any inconsistency between the different language versions, the version in the language of the assignment letter signed between parties shall prevail.