Humilius (“JunkBrothers”) Terms and Conditions

Company Number: BE 0778.971.663

1. Formation of the agreement

1.1 These general terms and conditions apply to all quotations, agreements, and services of JunkBrothers. The agreement is established through a written quotation, email, WhatsApp message, or a verbal agreement. By confirming the price or by granting access to the site, the client declares to accept these terms.

1.2 Right of Withdrawal (B2C): In case of a distance contract, the consumer has a legal reflection period of 14 days. If the consumer wishes the work to commence within this period, they shall expressly request immediate performance and acknowledge forfeiting the right of withdrawal once the order has been fully executed.

1.3 JunkBrothers is not bound by obvious errors or mistakes in its offers or price quotes.

1.4 These general terms and conditions take effect and are deemed to have been accepted by the client at the time of (i) acceptance of the proposal, regardless of the method of acceptance (in writing, by email, via WhatsApp, or verbally/by phone), and/or (ii) the granting of approval to commence the work, and/or (iii) the granting of access to the job site—whichever occurs first.

2. Changes and Unforeseen Circumstances

2.1 Additional work is valid only after approval (digital or verbal). If the cost of the additional work exceeds 50% of the original price, JunkBrothers may request an additional advance payment of 35% for this additional work.

2.2 Goods or waste streams that become visible only after the demolition or removal of obstructions (walls, floors, stacked items) are not included in the initial price and will be billed separately at standard rates.

2.3 Hazardous, prohibited, or regulated substances: If, during or after the work, asbestos, chemical waste, or other hazardous, prohibited, or regulated substances are discovered that were not previously reported by the client—including, but not limited to, substances subject to legal restrictions on transportation, possession, or storage — JunkBrothers has the right (i) to immediately suspend the work, and (ii) to charge an administrative and safety fee to cover the additional time, coordination, and safety measures required as a result, regardless of whether external disposal or processing costs are incurred as a result. This fee amounts to €140, including VAT, per hour or portion thereof, with a minimum of €280, including VAT. All additional costs for safe disposal, specialized processing, or downtime are also fully borne by the client.

2.4 Pests: If, at the start of or during the performance of the work, pests are discovered (including, but not limited to, mites, bed bugs, cockroaches, rats, or mice) that were not previously reported by the client, JunkBrothers has the right to (i) to charge an additional fee to cover the extra costs of protection, disinfection, and treatment, and/or (ii) to suspend the work in whole or in part until appropriate disinfection measures have been taken. Where reasonably possible, the client will be notified of this additional charge prior to the performance of the additional work.

Cancellation

3.1 In the event of cancellation by the client within 7 business days prior to the start date, a lump-sum compensation of 35% of the price is due. In the event of cancellation by JunkBrothers for reasons other than force majeure, the consumer (B2C) is entitled to equivalent compensation.

4. Performance and Force Majeure

4.1 Completion dates are purely indicative. JunkBrothers has an obligation to use its best efforts, not an obligation to achieve a specific result, with regard to the exact timing of the work.

4.2 Force majeure (strikes, extreme weather conditions, equipment failure, illness, epidemics, etc.) suspends the performance period without entitling the customer to any compensation.

5. Client Obligations

5.1 The client guarantees access to the job site at the agreed-upon time. In the event of absence or inability to gain access, waiting times and additional travel expenses will be charged.

5.2 Parking: The client is responsible for timely requesting parking permits and placing no-parking signs, unless JunkBrothers has explicitly confirmed in writing to undertake this. For last-minute assignments, this responsibility always lies with the client.

5.3 Valuables: The client is obligated to remove or clearly mark all items of value (financial or emotional) that are not to be disposed of before the start of the work. JunkBrothers is not liable for the disposal of goods that were not clearly marked.

5.4 Key Management: If JunkBrothers has access to the keys of the yard, they undertake to act as a careful homeowner. However, JunkBrothers is not liable for damage caused by third parties (burglary, vandalism) or external factors (leaks, fire) that occur outside of active working hours.

5.5 The customer must shut off all utilities (electricity, water, gas) before we begin disconnecting major appliances or plumbing fixtures. JunkBrothers is not liable for damage caused by utility lines that have not been shut off.

6. Ownership and Delivery

6.1 Ownership of cleared goods is irrevocably transferred to JunkBrothers as soon as they leave the yard. The customer waives any (residual) value or compensation for these goods. This transfer of ownership does not apply to materials or objects that are subject to legal restrictions on transport, possession, or storage and that were not reported in advance by the client in accordance with Article 2.3. In such cases, JunkBrothers reserves the right to offer these items back to the client or, if they are not picked up within the specified time frame, to have them processed at the client’s expense.

6.2 As a standard practice, properties are delivered “swept clean” (sweeping/vacuuming). For basements, attics, garages, and sheds, this applies only if the condition of the floor allows it. A deep cleaning requires a separate quote.

6.3 If the customer is not present upon completion, a photo report prepared by JunkBrothers shall serve as irrefutable proof of proper delivery and the condition of the property at that time.

6.4 All materials, tools, machines, containers, and other work equipment that JunkBrothers uses or temporarily places on the client’s job site shall at all times and unconditionally remain the property of JunkBrothers, regardless of the duration of their presence on the job site, and shall under no circumstances form part of the client’s assets. In the event of bankruptcy, judicial reorganization, or similar proceedings involving the client, JunkBrothers reserves the right to reclaim this equipment in accordance with Book XX of the Code of Economic Law.

7. Payment Terms (In accordance with Law 2023)

7.1 Invoices are due on the date the work is completed, unless a later due date is specified on the invoice.

7.2 B2B (Businesses): In the event of non-payment by the due date, interest of 10% per year shall be due by operation of law and without notice of default, plus a liquidated damages clause of 10% of the invoice amount (minimum €100). In the event of legal collection proceedings, additional court-imposed interest shall be due from the date of the summons until full payment is made.

7.3 B2C (Consumers): In the event of non-payment, the consumer will receive a first reminder free of charge, with a 14-day payment deadline. Thereafter, statutory interest is due, plus compensation in accordance with the statutory maximums: up to €20 for a debt of up to €150; up to €30 plus 10% of the portion exceeding €150 for a debt between €150 and €500; a maximum of €65 plus 5% of the amount exceeding €500 for debts over €500.

8. Liability and Subcontracting

8.1 JunkBrothers' liability is limited to the amount paid out by its general liability insurance.

8.2 Moving elevator: If a moving lift is used via a subcontractor, this will be done under the conditions of that third party. JunkBrothers is not liable for damage caused by the equipment or actions of this subcontractor.

8.3 JunkBrothers is not liable for damage to landscaping, driveways, or pipes resulting from the necessary use of heavy equipment, unless the customer had provided prior written notice of specific vulnerabilities and that notice was demonstrably ignored.

8.4 Painting work is performed on a best-efforts basis; JunkBrothers is not liable for wallpaper or surfaces peeling off as a result of the paint applied.

9. Privacy and Disputes

9.1 JunkBrothers processes personal data in accordance with the GDPR, solely for the purpose of fulfilling the agreement and managing customer relationships.

9.2 Only Belgian law applies.

9.3 For business-to-business (B2B) disputes, the courts of Antwerp have jurisdiction. For business-to-consumer (B2C) disputes, jurisdiction is determined in accordance with the Judicial Code.

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