Our terms and conditions
This set of conditions was updated on April 5th, 2023.
General
An order, including those noted by our agents or representatives, is only binding if expressly accepted by us in writing. Cancellation of the order is not possible unless after prior written agreement.
Goods or services shall be delivered within the period specified in the agreement. Goods remain the property of the seller until full payment of principal, costs and interest. Nevertheless, the risks of loss or destruction of the sold good will be borne in full by the buyer from the time of sale of the good. Exceeding the deadlines by the seller does not entitle to compensation.
The buyer must ensure that the services and/or goods can be delivered and installed by the seller in a normal manner at the agreed place and time, including ensuring that the delivery place is accessible. If this is not the case, the buyer shall be obliged to compensate the seller for all damages, including waiting time, preservation costs and costs for the preservation of the item.
The buyer must immediately inspect the goods or services delivered. Any defects must be reported to the seller by registered letter as soon as possible and at the latest 10 calendar days after delivery. After that period, the seller shall only be liable for hidden defects which render the goods unsuitable for the use for which they are intended, insofar as the goods have not meanwhile been processed and insofar as the seller knew or should have known of the defects. The buyer shall notify the seller of the existence of the hidden defect by registered letter with a detailed description of the defect at the latest within 30 calendar days of its discovery. Complaints due to hidden defects do not suspend the buyer's payment obligation.
With the exception of what is described in the previous article, the seller shall not be liable for any damages whatsoever resulting directly or indirectly from goods delivered or sold by us, except in case of gross negligence or intent. The seller's liability shall in all cases be limited to the invoice value of the goods/services delivered. Under no circumstances can the seller be held liable for any indirect damages such as, but not limited to, loss of income, loss of contracts, capital costs, limitation of returns or any other losses or consequential damages whatsoever, both to the buyer and to third parties. The seller bears no responsibility whatsoever for the fault of appointees, even in the event of intent or gross negligence. In the latter case, the buyer must address the appointee directly.
Unless expressly agreed otherwise in writing, the invoice is payable within 30 calendar days of the invoice date. In case of non-payment of all or part of the price, the outstanding amount shall automatically and without any notice of default being required, be increased by an annual interest of 12% and a fixed compensation of 10%, with a minimum of EUR 250. Any non-payment shall entail the claimability of the outstanding invoices and shall entitle the seller, after notice of default, either to suspend any future deliveries or to dissolve the agreement, without prejudice to the right to damages.
If the buyer fails to fulfil its contractual obligations, the seller shall have the right, after notice of default, either to suspend its obligations or to terminate the agreement without judicial intervention, if the notice of default is not acted upon or not usefully acted upon within eight working days, without prejudice to the right to damages.
All our agreements are governed by Belgian law. Any disputes arising under this agreement can only be brought before the court of Leuven.
Revision of prices
The prices are calculated on the basis of the current market situation and therefore the cost of raw materials, foreign currencies, duties, taxes and other charges, as well as the amount of labour and related charges are taken into account. Any increase in any of these parameters automatically authorises the seller to adjust its prices proportionally on the day of delivery, and this at the buyer's expense and pursuant to article 57 of the Act of 30.3.1976.
This objective adjustment does not entitle the buyer to cancel the contract. Ownership of the delivered goods and installation is acquired and transferred to the buyer only after full payment of the sums due pursuant to the purchase, except if the original price is exceeded by more than 30%.
Copyright
Plans and documents
The technical data, weights, dimensions, contents, yields, prices and other entries in the catalogues, leaflets, circulars, advertising advertisements, printouts and price lists of the seller or his suppliers, give only rough estimates that do not bind him in any way, unless the contract expressly refers to them; these entries must give way to those in the specifications.
Industrial and intellectual property
All documentation communicated to the buyer, such as plans specifications, prints, files, etc. remain the exclusive property of the seller, even if the buyer has paid all or part of its cost. Without the seller's express written consent, such documentation may not be used, copied, reproduced, in any way either in full or in part, and may not be transmitted or communicated to third parties, regardless of whom, even after full completion of the agreement.