1. The project documentation and the quotations shall be based on the current conditions in terms of wages and salaries and materials. If they are subject to any changes, we shall reserve the right to adjust the prices accordingly.
2. Orders shall only be binding following our written order confirmation.
3. Deviating terms and conditions of contracting partners cannot be invoked against us.
4. Our prices are stated in Euros. Any increasing of the VAT rate or other applicable taxes of any kind between the date of the order and the date of execution of the order shall be applied to the buyer’s invoice.
5. In the event the order is cancelled, the buyer shall be held to compensate the damage sustained entirely, with a minimum of 20% of the value of the order concerned.
6. The term of delivery shall only be given by way of information and shall not be binding on the seller. Overdue delivery shall not entitle the contracting partner to damages nor to dissolution of the agreement.
7. The goods shall always be shipped at the buyer’s risk, whatever the shipping method may be, even if it is carriage paid.
8. If the buyer does not pick up the goods on the date that has been communicated to him, we shall reserve the right to consider the agreement to have been dissolved upon expiry of the term of eight days, automatically and without prior notice of default. The buyer shall then be held to compensate the damage sustained entirely with a minimum of 30% of the value of the order concerned.
9. Pending delivery or pick-up, the goods shall be stored at the buyer’s risk.
10. Complaints regarding visible defects shall have to be filed by registered mail stating the reasons not later than two days after receipt of the goods and in any case before the goods are used. Complaints regarding hidden defects shall only be handled if they are brought to the seller’s attention by registered mail stating the reasons, within six months from the date of delivery and this within eight days from the day the defect concerned was observed. The onus of proof of timeliness shall be on the buyer.
11. Our obligation to indemnify in connection with defects to the delivered goods, shall not exceed the obligation to indemnify on the part of our suppliers. The seller shall only undertake to replace or repair the components he has acknowledged are faulty, with the exclusion of all other compensations for direct and/or indirect damage. Working hours and travelling expenses shall be for the buyer’s account.
12. When we are not able to perform the agreement due to force majeure, strikes, lock-out and the like, we shall reserve the right to terminate the agreement without the contracting partner having the possibility to claim any damages.
13. Objections to the invoice shall have to be filed by registered mail stating the reasons within eight days from the date of invoice.
14. All invoices shall be payable within one month from the date of invoice unless stipulated otherwise. If the invoice is not paid within the stipulated term, an interest for overdue payment of 1% of the invoice shall be owed per month as from the expiry date by operation of law and without any prior notice of default. A fixed compensation to the amount of 10% of the invoice amount shall also be due by operation of law and without prior notice of default, by way of damages. Costs relating to unpaid bills of exchange or cheques as well as other collection costs shall not be included in said fixed sum and shall be charged separately to the buyer. In the event an invoice is not paid on the expiry date, all other invoices made out by the seller to the buyer, shall immediately become due and payable without prejudice to the seller’s right to invoke the other rights pursuant to the present general terms and conditions.
15. In the event an invoice is not paid, we shall reserve the right to stop any subsequent deliveries. We shall equally reserve the right to consider the agreement to have been dissolved by operation of law and without any prior notice of default in its entirety or for the part still to be executed.
16. As long as the goods delivered are not paid in full, they shall remain the seller’s property. However, the risk shall transfer to the buyer the moment the contract is concluded.
17. In the event a dispute arises, the Courts of the judicial district of Antwerp and the small claims court of the 5th district of Antwerp shall be exclusively competent and Belgian law shall apply exclusively.
18. With respect to compliance with the statutory reception obligation regarding electric and electronic devices, Ysebaert has signed a statement of affiliation with RECUPEL to which Ysebaert pays an administrative fee. The customer shall undertake to pay the potential costs relating to the pick-up and processing of the professional devices that are the subject of the present order / delivery / invoice as well as the costs relating to electric and electronic devices that replace them, when said devices are worn out. In order to comply with the legislation governing waste processing, the customer may call in the services of a company that has signed a Charter with Recupel (www.recupel.be). If so desired, Ysebaert SA shall put the customer in contact with a company that will submit an offer.