Purchase Orders: General terms and conditions

Changed
03/10/2023

I. Acceptance of an invoice or a credit note

Mandatory information:

  • The nature of the document must be clearly stated as being an “invoice” or a “credit note”
  • The number of the invoice or credit note
  • The reference or structured communication to be used for the payment
  • The date of the document
  • The amount and currency unit
  • The business identification number
  • If applicable, the reason for non-VAT liability or VAT exemption
  • A clear description of the goods, services or jobs
  • Full identification of the supplier/service provider/contractor: full name, full address, postal code, town or city, name of a contact person for the concerning goods, services or jobs concerned
  • Full identification of the supplier's/service provider's/contractor's bank account: IBAN code and SWIFT code (BIC)

Other formal requirements:

  • The invoice must be legible
  • The invoice must be sent in 1 original copy to the single billing address (see point III)
  • The invoice must clearly indicate the purchase order number and the name of the person who placed the order
  • A credit note must always refer to the original invoice

Consequences of a missing mandatory piece of information or of an error in it:

The approval and/or payment of the invoice is not possible. The invoice will be rejected.

II. Elements of the contractual relationship

Unenforceability of the supplier's/service provider's/contractor's general or special terms and conditions against the Contracting Authority:

The public contract is governed by the clauses of the particular scope statement and by the regulations on public contracts.

Delivery period:

The delivery period is the one mentioned on the purchase order, in the tender of the supplier/service provider/contractor or in the particular scope statement.

Payment period:

  • 30 days after receipt of the invoice at the single billing address (see point III) or
  • 30 days after the date of completion of the services or supplies if the invoice has already been received or if the date of receipt of the invoice is not known.

Non-performance:

  • The return of goods for non-conformity is possible and at the supplier's expense.
  • Partial or total non-performance may result in fines or in the performance by a third party on behalf of the contractor, in accordance with the particular scope statement and the general specifications.

Risk:

  • Incoterms: the transfer of ownership of the delivered goods takes place at the time of receipt and acceptance of the goods by the FPS. The transfer of risks in respect of these goods takes place at the same time as the transfer of ownership.
  • Insurance: the supplier will therefore be held responsible in the eyes of the FPS for any deterioration or alteration of the goods delivered. Any insurance covering the goods during transport shall be borne by the supplier.

III. Information about the FPS Mobility and Transport

Billing address:

You can send us your invoices in the following ways (our FPS prefers invoices sent by electronic means (°)):

  • Either in electronic version (°): our FPS is available on the PEPPOL network (BE0308357852) or through the Mercurius Portal: https://digital.belgium.be/e-invoicing/;
  • Or in PDF version attached to an e‑mail sent to the following address: servicecomptabilite_boekhouddienst@mobilit.fgov.be;
  • Or in paper form to the following address:
    FPS Mobility & Transport
    Service Comptabilité / Dienst Boekhouding 4B
    Vooruitgangstraat 56 Rue du Progrès
    1210 Brussels

The invoice should only be sent ONCE, in the chosen version.

(°) IMPORTANT: ONLY electronic invoices sent through a billing software compatible with the sending of e-invoices will be accepted and processed by the FPS Mobility and Transport:

  • From 1 November 2022 for invoices resulting from the execution of each public contract and concession contract published as of that date or, in the absence of prior publication, as of the date on which the invitation to tender was launched; and with an estimated value equal to or greater than the threshold specified for European publication (*).
  • From 1 May 2023 for invoices resulting from the execution of each public contract and concession contract published as of that date or, in the absence of prior publication, as of the date on which the invitation to tender was launched; and with an estimated value equal to or greater than the threshold specified for European publication (*) but above or equal to 30 000 euros exclusive of VAT.
  • From 1 March 2024 for invoices resulting from the execution of each public contract and concession contract published as of that date or, in the absence of prior publication, as of the date on which the invitation to tender was launched and with an estimated value less than 30 000 euros exclusive of VAT.

(*) Currently 140 000 euros excluding VAT, but this amount is subject to change at the beginning of each year.

This obligation results from the application of the Royal Decree of 9 March 2022 laying down the implementing rules of the obligation for economic operators regarding electronic billing in the context of public contracts and concession contracts. The full text can be consulted in the Belgian Official Gazette.

You are therefore invited to take note of the practical resources and recognised IT solutions available to you via the website https://einvoice.belgium.be/en/enterprises.

Your questions regarding the adoption/implementation of this new system can be sent via this page: https://einvoice.belgium.be/en/contact, or to the e‑mail address e-invoicing@bosa.fgov.be.

Deliveries:

Deliveries should be addressed to the contact person mentioned in the purchase order.

Contact for all questions regarding your invoice:

invoices@mobilit.fgov.be

FPS Mobility and Transport VAT identification number for intra-Community transactions:

0 308 357 852