These conditions are always applicable to all agreements concluded by the parties concluded by us unless the parties concerned expressly and in writing agree other conditions. These conditions have absolute priority over the buyer’s order and/or purchase terms, even if the latter negotiate the opposite.
Once a quote/order has been accepted, the order cannot be changed by the customer without our written permission.
Full or partial cancellation or termination by the customer of an order, can only be done by means of a registered letter. We reserve the right to invoice the already performed value of the cancelled order as compensation. This can trade, but is not limited to this list, about the value of the technical plans, ordered materials or materials already produced.
In the event of bankruptcy, collective debt settlement, debt mediation or apparent inability of the customer, we can terminate the agreement on the customer’s own charges without the customer being entitled to any compensation. In any case, paid advances will remain definitively acquired.
The production of the goods of the contract will only begin after payment by the customer of the agreed advance. From this moment on, the planned delivery period starts.
We reserve the right to replace the agreed materials with other materials of at least equal quality.
Delivery or finishing periods are always purely informative or indicative and never constitute a ground for termination or compensation.
If, due to permanent or temporary force majeure, we are unable to implement the agreement, even if the force majeure does not lead to the permanent and/or utter impossibility of implementation, we have the right to temporarily or definitively cease the implementation of the contract, by a simple written notification to the customer of the reason preventing the implementation of the agreement. In that case, we do not owe any damages to the customer. If force majeure is considered, but is not limited to this list: serious foreclosure where we are not responsible, causes beyond us that make execution unreasonable, disease, accidents or late or erroneous supplies of raw materials.
The unloading and delivery point should be easily accessible to (freight) cars and free from obstructions and obstacles. If there are additional costs due to the difficult accessibility, these will be entirely at the expense of the customer. Unnecessary trips, caused by the customer, will be charged to the customer. All evidence to this end has been allowed, including photographs.
Any damage caused to the buildings during the execution of the works must be reported by the customer in writing within the 8 calendar days following the end of the works. Claims reports by the customer who do not appear in writing outside the aforementioned deadlines and/or not will not be accepted and cannot give rise to any compensation.
The goods sold will remain our property until full payment. In the case of resale, transfer, nullity, damage or loss of value, we retain the possibility of claiming the sum corresponding to the value of the resold goods. The reservation of ownership is transferred to the resale price/value. Once the goods have been delivered or the customer fails to receive the goods, the buyer bears all the risks, cases of force majeure and destruction included, and the custody charge. The default of one of the amounts due at maturity may result in the recovery of the goods.
We always remain intellectually owned by studies, plans, documents, sketches, drawings, samples and designs. The customer shall be liable for any use of it by third parties and, where appropriate, held to pay compensation of 25 of the total works for which the aforementioned documents were drawn up.
The invoices are always affordable on our seat. These invoices are payable in cash without a discount when issued. On each overdue payment, there is a conventional interest equal to 1 per month or part of a month. In addition, in the case of all or part non-payment of the debt at maturity date without serious reason, after futile default, the balance of debt shall be increased by a conventional compensation amounting to EUR 12 with a minimum of EUR 125,00. and a maximum of EUR 2,000.00. In the event of a default of a single invoice, all unpaid invoices shall be immediately edue for the whole regardless of whether or not these invoices have expired.
We are only contractually liable for intentional errors. Any contractual liability under us shall be limited to EUR 750 000, excluding any consequential damage. Liability for hidden defects is excluded under us if we did not know the defects or could not be traced.
The customer expressly forfeits his right to invoke the suspension of payment on the grounds of incompleteness, inadequacy or lateness of deliveries or works. Even if a claim is brought by the customer, this does not suspend his/her payment commitment.
The nullity of one or more clauses in these terms and conditions does not affect the legal validity of the other terms, which remain in full application.
Only Belgian law applies. Any disputes will be settled solely and definitively by the courts and courts competent for the judicial district where our registered office is located.
These terms and conditions are accepted by the customer by signing each agreement, placing an order or accepting a quote via email, transferred a copy of these terms and conditions to the customer.