1. These terms are presumed to have been agreed upon at the address of our registered office with the customer. The customer has expressly taken note of and accepted these general terms and conditions. Only these conditions apply to all services and/or goods we supply. These conditions always replace those to which the customer might refer in their order or later;
2. Every order must be made in writing and will only become final after acceptance by us.
All documents provided by us (quotations, drawings, designs,...) must always be verified by the customer, signed for approval, and returned to us. Failure to do so will prevent production from starting.
3. Our quotations are based on the information we receive from the customer. We may assume that this information accurately and currently reflects the actual situation. Unless otherwise stated and subject to material errors, all quantities, dimensions and/or weights mentioned in the quotations are merely estimates and not definitive. A quotation is never valid for more than sixty (60) days;
Every quotation is provided to the customer without obligation. All information in our catalogs and advertisements is never binding.
4. All prices stated in the quotation are always exclusive of VAT. This price also excludes the stuffing of lifting eyes, stability studies and assembly accessories.
Lifting loops and other handling materials can always be purchased additionally but are never included in the quoted price. This material will only be repurchased by us if returned undamaged and cleaned.
The customer is aware that these lifting systems are not certified and accepts that any damage resulting from the handling or use of these materials is not our responsibility.
5. Execution and/or delivery periods are given in working days and only for information purposes. Every order is executed by us in the order it is received. In case of delay, the customer can never terminate the agreement to our disadvantage, nor claim compensation from us. Agreed periods only commence after we have received a signed contract and/or payment of the agreed advance and remain in any case purely indicative;
6. If the cost of labor and/or materials changes, we may automatically adjust the price to be paid proportionally. Any additional work presupposes mutual agreement, including regarding the price;
If the customer unilaterally makes changes to the execution plans, there may possibly be an additional charge for these changes. By unilaterally implementing these changes to the execution plans, the customer expressly accepts this additional charge.
7. A customer who cancels their order owes us (as consideration for the possibility to completely release themselves from their obligation by paying a reasonable compensation) compensation equal to thirty (30) percent of the value of the total order. Assuming that we have already executed that order, in whole or in part, at the time of cancellation, we may additionally claim compensation for all our expenses, labor and everything we could have gained from executing the canceled order;
8. We may always have the assignments entrusted to us executed by third parties without prior consent of the customer;
9. All goods and elements are manufactured in accordance with existing technical conditions. Any deviations regarding color, dimensions, weight and finish that are inherent to the processing of fresh concrete made with natural raw materials are described in the applicable PTV200 standard.
The sides of elements that are finished manually are always finished to the best of our ability and can never lead to rejection of the elements.
Reinforcement provided in the elements is estimated via standard quantities per m³. Any deviations requested by the buyer must always be established in a separate plan and will result in an additional charge, depending on the extra amount of reinforcement.
All technical production plans drawn up by us and approved by the customer form the basis for production.
The customer is always responsible for the design of the elements, as well as for the general stability. Stability studies are the responsibility of the customer.
If tests or samples are made, the cost will always be borne by the customer and the customer must approve the test or sample before production begins.
10. If we, as a result of war, riots, strikes, lock-outs or other cases of force majeure (circumstances that manifest themselves beyond the will of the parties), in the broad sense of the word, cannot properly execute the agreement or its execution is seriously hindered, we may automatically terminate it immediately, without any right to (damage) compensation for the customer;
In case we are appointed as subcontractor of a contractor who receives an assignment from the principal or another contractor, we will base ourselves on the calculations and plans provided by our client/contractor who acts as a professional. In that case, our client takes note that we will base our production on the calculations and plans provided by them, whereby we will not make new own calculations nor draw plans. Any responsibility for possible incorrect calculations or errors in the plans will not be accepted by us. The calculations and plans thus provided by the main contractor/our client will never be checked for correctness by us since the main contractor/our client acts as a professional and expert in the matter.
11. We may consider the agreement as terminated without prior notice of default if the customer is declared bankrupt and/or in case of any change to the original legal and statutory situation of the customer. Also in that case, we owe the customer no compensation, but on the contrary, the fifth article of these conditions automatically applies in case of cancellation of the order;
12. The request or opening of judicial reorganization proceedings does not terminate ongoing agreements nor the modalities of their execution. The contractual default of the customer prior to the granting of the suspension does not constitute grounds for us to terminate the agreement, insofar as the customer remedies this default by executing the agreement within fifteen days after being notified.
When the customer decides to no longer execute an ongoing agreement, the compensation to which we may be entitled in such case constitutes a claim in the suspension.
13. Goods are always transported at the customer's risk, both in case the customer collects the goods themselves and in case the goods are transported by third parties.
Transport damage can never be charged to us. There is never any goods insurance, not even for theft, unless otherwise instructed and in that case to be paid separately.
We never bear any responsibility for unloading, loading, transporting and stowing the goods.
Unloading will never be done by us, even if we arrange the transport. The customer must always be responsible for unloading the goods.
Loading can be performed by us, even if the transport is not arranged by us, but we bear no responsibility in this regard, neither for loading instructions nor for securing systems.
The customer is presumed to thoroughly check every transport document upon receipt of the goods and to notify us of any deviations and/or errors within twenty-four (24) hours with proper motivation. We are never liable for any accidents during loading, unloading, assembly and/or other handling of the goods delivered by us, not even if we provided advice and/or other assistance on site. The customer indemnifies us against possible fines and compensations resulting from any violations.
Even if we could be considered as principal of the transport, intermediary in the transport, forwarding agent, freight forwarder, packer or shipper, we will always be indemnified by the customer for all possible fines and/or convictions that may be imposed on us under applicable legislation.
If the goods are delivered by us, there is in any case a maximum unloading time of 1 hour, within which the customer must have unloaded the goods.
Any additional unloading time will be charged at €75.00 per hour, with every started hour being charged. Unloading is always the responsibility of the customer.
14. We may assume that the customer always has all necessary, relevant permits and/or authorizations. The customer is obliged to fully indemnify us against any possible risk and/or inconvenience that we experience as a result of the absence of those permits and/or authorizations;
15. We are never the guard, nor the custodian of the work we have undertaken, so all risks in this regard are and remain at the customer's expense;
Even if we place the goods on site in advance, we will not bear any responsibility as guard or custodian of the goods. All risks after delivery remain at the customer's expense, regardless of the situation.
16. Our commitments are in principle commitments of means, never commitments of result;
17. Any complaint must reach us in writing and by registered mail, within ten (10) calendar days from the time the event giving rise to that complaint could have been noticed and in any case before use, processing and/or resale. After this period, we are no longer obliged to provide any warranty. Our warranty obligation does not extend beyond that of the suppliers of the defective goods. To the extent that we would still be obliged to provide a warranty, the customer only has the right to correction of the errors that caused demonstrable damage, provided that others (including the customer themselves) have not made changes to what we delivered. We can always demand that defective goods be returned, as we reserve the right to replace and/or have them repaired in kind, as the case may be, without being liable for any compensation;
The installation of concrete elements constitutes full acceptance of the product. The concrete elements are deemed to have been inspected by the buyer upon delivery or collection. Any defects must be noted on the CMR or delivery note, on pain of non-acceptance of the defect by us. The absence of any remarks on these documents is equated with their acceptance.
18. Protest against an invoice can only be made in writing, must be motivated and must reach us no later than eight (8) calendar days from the invoice date. The mention of the invoice in our outgoing invoice book always constitutes irrefutable proof of both its sending and receipt;
19. If we have to pay compensation for whatever reason and of whatever nature, this can never be higher than the value of the invoice to which the works relate. We can never be liable for any compensation for financial and/or commercial losses, increase in general expenses, disruption of planning, loss of anticipated profit and/or loss of potential clientele and delays in the execution of works or the delivery of goods. In any case, the customer must at all times prove and estimate the actual damage with the help of probative documents;
20. Since our designs, drawings and/or studies always remain our exclusive property, the customer may never use, disclose and/or (photo)copy them, even partially, without our prior written consent. Also other documents we draw up, of whatever nature, cannot be used without prior written consent and must be returned in full at our first request. Violation of this clause is considered a serious contractual default at the expense of the customer that gives us the right to terminate the agreement immediately and without compensation, without prejudice to the right to compensation if there is reason to do so;
21. If the customer has not signed the progress reports and has not sent them to us within 14 days after delivery of the ordered goods, the customer is deemed to agree with the progress report and we will invoice according to the relevant progress report.
If the customer is informed that the ordered goods are ready for collection, the collection must in any case take place within 2 months after the notification to the customer. If the goods are not collected within the aforementioned period, the invoice will be issued to the customer whereby we reserve the right to charge storage costs at a rate of €25/day.
22. In case defects are found in the delivered goods and we acknowledge the defects, the customer must always call on us for the repair. Only after our prior express agreement to have the repair carried out by a third party, may the repair be outsourced to a third company.
In case a third company has carried out repairs to our goods, without our prior express agreement, the cost of the repair works will never be accepted by us.
Even if we have expressly agreed to the execution of any repairs by a third company, a detailed list of the repair costs must always be submitted before we will proceed to pay the costs.
23. Our invoices are payable 30 days after the invoice date, unless otherwise agreed in writing, as a portable debt at the address of our registered office. If payment is not made punctually, one (1) percent default interest per commenced month automatically applies and the customer is also liable to us for compensation, estimated at twelve (12) percent of the total invoice amount, with a minimum of one hundred twenty-five (125) euros. Costs related to unpaid bills or checks, nor other collection costs are included in this increase clause;
24. Non-payment, as well as partial payment, gives us the right to automatically suspend the execution of any ongoing assignment or to definitively stop the execution of the assignment/agreement due to contractual default, both for the whole and for the part still to be executed. In that case, we may also consider the agreement as automatically terminated, with additional compensation as provided for in the fifth article of these conditions.
Non-payment, as well as partial payment, further gives us the right to claim all other, not yet due claims, even those that fall outside the scope of the dispute that the customer may or may not rightly pursue;
As long as payment of an invoice from an order confirmation is outstanding from a customer, we are entitled to suspend the works on all sites of which that customer (or its affiliated company) is the principal, until the outstanding and due invoices have been paid.
25. As long as we have not been paid in full, everything we delivered remains our exclusive property (reserved ownership), also towards third parties and also in case of liquidation and/or bankruptcy of the customer. The risk of damage and/or destruction of the goods remains with the customer, however. In that case, we may have those goods collected at the customer's expense. Furthermore, all goods, monies and documents that come into our possession, actually or fictitiously, from the date of the first order, serve as collateral for the payment of our claim. The subject of the thus agreed retention right - refusal to deliver the goods entrusted to us, or which were handled and/or transported by us as long as no full payment is made - we may then realize in the name and on behalf of the customer;
26. Set-off between compensation(s) for which we could be held liable and our invoices is impossible, unless otherwise agreed in writing;
27. Only Belgian law applies, to the exclusion of the Vienna Sales Convention of April 11, 1980. In case of dispute, the Belgian courts have jurisdiction and we have the choice to go to either the Justice of the Peace Waregem, the Court of First Instance West Flanders, division Kortrijk or the Commercial Court Ghent, division Kortrijk (depending on the nature and/or value of the dispute), or to seize the court of the customer's residence, or the court competent over the place where the obligation was created or should be performed. Reference is made to art. 624 (Belgian) Judicial Code, art. 1247 para. 1 (Belgian) Civil Code and the EU Regulation Brussels I (Council Regulation EC No. 44/2001 of December 22, 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters).