1. Any and all agreements shall be subject to these terms and conditions. They shall be recognised and accepted by all co-contractors and shall take precedence over their own terms and conditions, as may or may not be mentioned on the order form. The seller can only be bound by special conditions or conditions that vary from the present terms and conditions if these are imposed and/or ratified by its business manager. These special or variant conditions shall apply merely to the agreement in question, and can never be binding in the context of other agreements.
Where goods and services are supplied by third parties the co-contractor shall ensure that these third parties honour the agreement and meet the general terms and conditions.
2. QUOTATIONS
The seller shall prepare its quotations based on the information provided by the client without visiting the premises. All quotations are free of obligation and it is understood that the information provided may be liable to change. Quotations are binding only when orders are placed within 60 days of the quotation issue date.
3. ORDERS
Orders and/or quotations signed on the order form shall be irrevocably binding on the buyer. In the event of force majeure or circumstances beyond the seller’s control the latter shall be entitled to refuse or cancel the order or to break the agreement in part or in full, without any obligation to pay compensation. Should the buyer cancel the agreement or order in part or in full, he shall be required to pay a compensation to the amount of 25% of the order value, with a minimum of 125 euros.
If in the opinion of the seller there is a deterioration in the creditworthiness of the buyer on account of judicial execution measures against the buyer and/or other demonstrable events that undermine the trust in the proper performance of the commitments undertaken by the buyer or render their performance impossible, the seller reserves the right to suspend the order, in part or in full, even if the goods or a part thereof have already been shipped, and to ask the buyer to provide the appropriate guarantees. Should the buyer fail to meet any reasonable demand for such a guarantee, the seller shall have the right to cancel all or part of the order. Such action shall not in any way limit or prejudice the seller’s rights to damages and interests.
4. PRICES
The prices mentioned in the quotation and order form are net, ex-warehouse, exclusive of shipping costs, and may increase as a result of changes to social legislation or changes made by the buyer himself, whereby the buyer accepts that each of the aforementioned price increases shall be charged on to him. Deliveries are made at the buyer’s own risk and expense. Prices do not include maintenance, even when the articles are covered by a warranty.
5. DELIVERY
The date of delivery and installation is merely an indication and shall depend, among other things, on the deliveries to the seller. If this date is exceeded, or partial deliveries are made, which are explicitly allowed here, this does not constitute grounds for compensation. Goods are shipped at the buyer’s risk and expense, and, if lost, must be paid in full to the seller.
The buyer is responsible for all equipment stored on the site, regardless of whether the building is already occupied, new or already standing. The buyer shall bear the risk of equipment being lost or damaged.
6. PAYMENT
The seller may require a payment guarantee in addition to an advance payment, before or during delivery and/or installation. Unless we agree otherwise in writing, the buyer undertakes to pay cash, without discount, on the day of completion of the works, at the seller’s registered office. These terms and conditions of sale shall not be modified in any way by the drawing or acceptance of a bill of exchange or by any other negotiable document, nor shall any such act constitute a novation or deviation from these terms and conditions. Should an invoice remain unpaid on the due date, all invoices shall, by law, immediately become due, regardless of their original date of maturity. Any amount unpaid on the due date shall, by law and without notice of default, attract interest at a rate 2 % above the Belgian legal interest rate, with a minimum interest rate of 12 %. The seller reserves the right to increase by 10 % the amount of any invoice unpaid on the due date, with a minimum of 25 euros.
Any disruptions to an installation’s operation shall not constitute grounds for postponing payment. Should the buyer fail to fulfil his obligations, the sale may be cancelled by law and with notice of default. Such action shall not in any way limit or prejudice the seller’s rights to damages and interests. A registered letter to this effect sent by the seller may suffice.
7. WARRANTY
On all products manufactured by the seller himself, the warranty only covers the products supplied, in the workshops of the seller. For products which the seller buys from a third party, only the warranty provided by this third party shall apply.
8. RETENTION OF TITLE
Goods shall remain the property of the seller until they are paid in full. In case of resale of the goods, even after they have been processed, and which are the property of the seller, the buyer shall immediately transfer any claims resulting from this resale to the seller.
9. Only the court chosen by the seller shall be competent to entertain any disputes arising between the parties.
