1. All our agreements are governed by these general terms and conditions, which the customer declares to have taken note of and to accept in full. Any deviating conditions emanating from the customer are completely rejected by us.
2. The specifications and price quotations are based on the currently applicable values for wages and materials. If these change after the quotations or specifications have been sent, we reserve the right to adjust the prices proportionately.
3. Unless otherwise agreed in writing, delivery times are given for indicative purposes only and are not binding. In the event of delay, the customer does not have any right to terminate the agreement or compensation.
4. If, as a result of force majeure, strikes, lockouts, etc., we are not reasonably able to execute the agreement, we reserve the right to terminate the agreement, whereby the customer cannot claim compensation .
5. The transport or shipment of our goods, via any means of transport, is at the risk of the recipient. Unless otherwise stated, transport costs will be borne by the customer.
6. The storage of the goods pending delivery or collection is at the buyer’s risk.
7. The customer must inspect the delivered goods/work carried out immediately upon delivery/execution. Any complaint or dispute regarding the quality or conformity of the delivered goods must be reported to us in writing within 8 days after delivery/execution, by substantiated registered letter, otherwise they will no longer be taken into account and no complaint will subsequently be processed. accepted. For a maximum period of one year after delivery/execution, we can be held liable for any hidden defects, i.e. defects that were present at the time of delivery/execution, but only manifest themselves after the aforementioned period of 8 days. However, any legal claim based on hidden defects is only admissible provided it is actually filed in court within 6 months after the customer became aware of the defect. In the event of both visible and hidden defects, every piece recognized as defective will be replaced and/or every
defective installation will be re-executed, unless replacement/re-execution would be impossible or the cost price would be disproportionate to the severity of the defect, in which case a credit will be made for the price charged for these recognized defective pieces/works. Our responsibility is limited to simple replacement of the defective piece and/or re-execution of the defective work or crediting the price charged for the defective piece/work. No additional refund and/or compensation can be claimed from us for any reason whatsoever.
8. We reserve the right to charge for the goods depending on the deliveries, even if the latter are partial.
9. All our invoices are payable within 30 days of the invoice date at our registered office in Harelbeke.
10. Any complaint or dispute regarding an invoice must be reported to us in writing within 8 days of receipt of the invoice, by substantiated registered letter, otherwise they will no longer be taken into account.
11. Any amount of an invoice that remains unpaid on its due date will automatically and without prior notice incur a conventional interest of 8% per year, also when accepting a payment plan or grace periods. Furthermore, in the event of full or partial non-payment on the due date without serious reasons and after prior notice of default, the balance due will be increased by a fixed compensation of 10% with a minimum of 125.00 euros and a maximum of 2,500.00 euros. This compensation is due in addition to the late payment interest, the recoverable legal and procedural costs and any compensation for material damage and loss of profit.
12. In the event of cancellation of the order by the customer or in the event of full or partial dissolution of the agreement at the expense of the customer, the customer will be obliged to pay for the work already carried out and goods delivered and to pay compensation , the minimum of which is fixed at 25% of the value of the unexecuted part of the contract, excluding VAT, the more claimed to be proven by us.
13. Late payment gives us the right to discontinue further deliveries or services in order not to allow the balances to increase further, without any notice from us.
14. The goods are and remain our property and cannot be alienated or encumbered by the customer. If the goods are seized by a third party while they are with the customer, the latter will have to obtain the immediate cancellation of the seizure at his own expense. The customer refrains from taking any actions that could jeopardize or call into question the landlord’s right of ownership with regard to the rented goods. For example, the customer is prohibited, but not limited to, from changing their destination or structure by fully integrating it into their own goods, removing the landlord’s property labels, applying their own marks or labels, etc.
15. In the event of judicial collection or dispute, only the Justice of the Peace of the canton of Harelbeke and the courts of the judicial district of West Flanders have territorial jurisdiction.