GENERAL TERMS & CONDITIONS
1. Unless otherwise agreed in writing, only the following general invoice and sales terms and conditions shall apply, to the exclusion of the customer's own terms and conditions; all this taking into account the special provisions of the fee agreement regarding interior design and/or coordination.
2. Each signatory of an order, collection, or installation receipt, etc., binds himself jointly and severally with the legal entity on whose behalf he is acting.
3. Our invoices are always payable in cash in Ieper, unless otherwise specified.
4. All complaints must be made upon delivery, unless otherwise specified.
5. In case of late payment, the debtor shall be liable for a compensation of 10% of the principal amount, with a minimum of €75 and a maximum of €7,500, in addition to the moratory interest of 9.5%, to cover the extrajudicial collection costs caused by non-payment, without prejudice to the right of the creditor to claim compensation for the judicial collection costs caused by non-payment, and without prejudice to the right of the creditor to claim compensation for other damages that are not solely caused by non-payment. These compensations are due automatically and without notice of default. All collection costs are always borne by the debtor.
6. Any dispute relating to the conclusion, validity, interpretation or performance of this agreement and any agreements derived therefrom shall be governed by Belgian law and shall fall within the exclusive jurisdiction of the courts of the registered office of our company. In other words, for all disputes, only the courts of the judicial district of Ypres are competent.
7. Nothing from our plans, studies, designs, etc. may be copied for further sale or trade. We reserve our copyrights and, in particular, the full artistic ownership of all plans, studies, preliminary designs, etc., in the broadest sense of the word and in any form or manner. The customer undertakes not to have any of our designs modified by themselves or by third parties, while we can only be held responsible for the personally supervised works until delivery, and never when the customer suffers any damage in any way, such as when construction partners fail to fulfill their obligations or when contractors act in violation of our aforementioned plans, studies, and designs.
8. In case of non-compliance with the obligations by the customer, we have the right to unconditionally terminate any service and can demand a lump sum amount of 50% of the total invoice amount for expenses and loss of profit. Any delay in payment for any reason also gives us the right to terminate the contract and demand immediate payment of all amounts due. We reserve the right to invoice for partially delivered work and installed equipment. We also reserve the right to charge for goods in proportion to their delivery, even if it is only partial.
9. Delivery or execution deadlines confirmed by us will be complied with to the extent possible. They can never be a reason for cancellation or a claim for damages. We are not responsible in case of force majeure and reserve the right to extend the deadline for the execution of the agreement/assignment as long as the force majeure lasts.
10. The warranty on the goods is limited to the warranties provided by the manufacturers from whom we purchase. We can never be held liable for errors of a construction technical nature that are the cause of a lesser finish. Cracks caused by subsurface shrinkage are not covered by the warranty under any circumstances. Errors caused by improper use or poor maintenance are not covered by this warranty.
11. All objects and sold goods remain our property until full payment by the customer. Therefore, the customer cannot dispose of the goods that have not been fully paid in any way. However, the risks are borne by the customer from the moment they leave our warehouses.
12. Shipments of goods (installations, parts, edm...) shall be made exclusively at the expense and responsibility of the consignee, unless otherwise agreed.
13.
a. The customer must ensure that electricity and water are available from the start of the work, which we may use free of charge during the work. If the above points are not met, we reserve the right not to start the work.
b. The customer must ensure that a toilet is available from the start of the work, which we may use free of charge during the work. If the above points are not met, we reserve the right not to start the work.
c. The customer must ensure that the building is wind- and waterproof from the start of the work and equipped with the necessary heating in accordance with the regulations regarding temperature and humidity. If the above points are not met, we reserve the right not to start the work.
d. The customer must ensure that all floors and walls are flat and level.
In the event of failure to comply with the above-mentioned points, we reserve the right to charge the additional work resulting directly and indirectly additional work resulting directly or indirectly from this, and this without prior agreement of the principal, unless we opt for complete refusal or suspension of the work.