General terms and conditions of sale
- All orders for supplies or works implies acceptance of the present general terms and conditions and of the specific written terms and conditions of the contract, to the exclusion of the general terms and conditions of the co-contracting party, even if the latter asserts the primacy thereof. Any departures from the present terms and conditions shall be allowed only with the express written agreement of the persons authorised to bind the company.
- The period of validity of our quotes is limited to 1 month from the date of issue of the quote, unless expressly specified otherwise. No orders shall be considered definitive until they have been expressly accepted by ourselves in writing. No specifications, estimates or plans can be invoked against us unless they bear our express acceptance.
We reserve the right to refuse to carry out work or to continue work if we are required to use a particular product or process with which we do not agree, without the co-contracting party being in any position to claim any kind of compensation or debt whatsoever. - Work completion and delivery times are stated for general reference only. A delay in performance and/or delivery shall not, on any account and regardless of reason, result in the termination of the contract and/or give rise to any damages or compensation whatsoever.
- During work periods, we must be given access to the site at our first request and at all times.
The performance of the works and/or deliveries, for whatever reason, releases us from all our delivery obligations and authorises us to perform the contract, or to reduce it to the part not performed, or to extend its performance by a length of time equal to that of the interruption of the works, without any entitlement to damages or compensation whatsoever on the part of the co-contracting party. We must be enabled to carry out the work in a single phase. Any additional travel made necessary by the customer shall be billed as a supplementary charge.
In the event the contracted is terminated or reduced by the customer to the portion not performed, the price of the works performed, the supplies delivered, materials supplied and any kind of disbursements made by ourselves in this respect must be paid to immediately, whereby said costs shall be raised with an irreducible flat rate indemnity of 30% of the value of the work cancelled by way of damages. - Our prices are set on the basis of the tariffs, official rates, salaries and social security charges in force on the day the contract is formed. They shall be revised in consideration of the point in time of the actual performance and the rates, prices, salaries and social security charges in place at that time.
All shipments and deliveries travel at the purchaser’s risk, even in the case of carriage-paid sales and even where, by agreement, the cost of postage and packaging is defrayed by ourselves.
We decline all and any liability for accidents and/or delays in transport. On no account do our prices include taxes, which are billed in supplement thereto. The price of the quotes includes all travel, transport and other expenses required for the proper performance of the contract, provided that the installations comply with the regulations in force.
Any works not specified in the order (regardless of whether they are the subject of an additional order or because they prove necessary) shall be invoiced on a time and material basis or shall be the subject of a separate quote.
The hours worked on a time and material basis are billed as supplementary costs and travel from the time the staff leave our head office until their return. - With regard to our supplies, our warranty shall be limited to the warranty given to us by our suppliers.
In any event, it shall be limited to the replacement of defective parts, with any transport and labour costs to be defrayed by the customer.
Our services are irrevocably deemed to be approved unless a complaint is sent in in writing by recorded delivery within 48 hours of completion of the works. For hidden defects, our guarantee is 1 year.
We undertake to carry out the necessary repairs free of charge, without the customer being in a position to claim any kind of damages or compensation whatsoever. The warranty does not cover normal wear and tear, changes or interventions, inappropriate use, unforeseeable accidents or uncontrollable events.
Any intervention by a third party or by the customer shall release us from any liability or guarantee. On no account shall the co-contracting be in a position to claim damages or compensation. - Where the order is cancelled the customer or where the customer, failing to take delivery, has failed to respond within 8 days after being sent a formal notice of default, or where the customer denies us access to the site, regardless of reason, we shall be entitled to continue to perform the contract or to seek its rescission through the courts.
In that case, in addition to our right to take back the supplies and to immediately invoice the customer for the work already carried out, which is expressly reserved to ourselves, a 30% sum in compensation shall be payable by way of irreducible flat rate damages. We shall also be entitled to claim the full amount of our loss where this exceeds the flat rate sum specified above. - The title of ownership of the goods delivered shall not transfer to the customer until after the invoice has been paid in full.
- Unless expressly specified otherwise, the works and supplies shall be payable as follows: 30% at the time the order is placed or on the first day of the opening of the job site, with the balance to be paid as the works progress.
Our invoices are payable in cash. Non-payment on the maturity date shall automatically and without notice of default attract interests and an irreducible increase, by way of irreducible and flat rate damages, without prejudice to our right to suspend all supplies, to interrupt the works in progress and to proceed, without any formality whatsoever and at our discretion in consideration of our availability, to remove the goods delivered, the customer hereby giving authorising us to carry out such removal.
Beyond this deadline, the following charges may apply:
1° Interests for late payment, which may not exceed the interest at the reference rate plus eight percentage points as specified in article 5, par. 2 of the Act of 2 August 2002 on payment arrears in commercial transactions. In practical terms, this means 10.5%.
2° Payment of a flat rate sum which stands at:
a) 20 euros where the outstanding amount is less than or equal to 150 euros;
b) 30 euros plus 10% of the amount due over the portion between 150.01 and 500 euros if the amount outstanding sits between 150.01 and 500 euros;
c) 65 euros increased by 5% of the amount due over the portion greater than 500.01 euros, up to a maximum of 2,000 euros if the outstanding amount is greater than 500 euros.
3° Reminder and postage costs for sending reminders in the event of non-payment on three maturity dates in the case of recurring invoices (regular delivery of goods and services over one year). A € 7.5 fee shall be charged for each reminder.
In addition, we shall be entitled to claim payment of the actual postage costs per reminder. The drawing up of any bills of exchange, cheques or money orders or the acceptance of payment in instalments shall neither entail novation nor waiver of any of the stipulations of the present general terms and conditions of sale. - In the event of disputes or where the debts need to be pursued through the courts, the courts and justices of the peace of Brussels shall be the sole courts of competent jurisdiction.