1. Unless otherwise agreed in writing, all our assumptions or deliveries are made exclusively to the following terms, which are an integral part of the agreement. They apply, whatever the conditions of the contract partner.
1. The invalidity of a clause or part thereof shall not affect the validity of other clauses or parts not on it.
2. Unless otherwise agreed, subject to the specifications and quotations of DATARECUPERATIE only for a period of fourteen days. No commitment entered is accepted by the representatives or agents of DATARECUPERATIE if it is not approved in writing by the director of DATARECUPERATIE.
3. Provided materials are not taken back by DATARECUPERATIE. In case of cancellation of the order or termination of the contract by the contractor, DATARECUPERATIE choose between the forced execution or the payment of a compensation of 30% of the value of the order, without prejudice to prove her right that our damage, loss of profits and all costs more.
4. The adoption rates in the quotations are calculated on the basis of wages, raw materials, materials and other cost elements on the day of the realization of the tender. In case of any changes DATARECUPERATIE reserves the right to adjust the prices accordingly.
5. The offers of DATARECUPERATIE be done without commitment regarding the delivery and performance data, which are always approximate. Non-compliance with the deadlines can only give rise to a claim or termination of the contract, if the delivery or adoption is not completed within a reasonable time after receipt of a formal notice from the contractor and outside case of force majeure, which the execution time is just suspended.
6. The goods are - unless otherwise agreed in writing - being sold and delivered to the registered office of DATARECUPERATIE. The custody of the goods pending the delivery or collection also at the risk of the contractor.
7. The supply of goods or send the request of the contractor, is always only at the expense of the contractor (including any custom) and under his responsibility.
8. Delivered goods remain the property of DATARECUPERATIE until full payment of principal and ancillary. However, the risk is transferred to the contractor from the moment of sale, at least from delivery.
9. Any complaints should be sent by registered letter within eight days after the receipt of the delivery or performance with a clear description of the flaws to enable DATARECUPERATIE acquire full knowledge of the defects. After the acceptance of the goods, no complaints regarding visible defects will be accepted.
10. The warranty for goods is given only to the extent that it is provided at the time of the delivery by the supplier or manufacturer. Any warranty obligation for DATARECUPERATIE lapse if the client itself changes or performs repairs to the goods or if changes or goods are supplied by third parties or if the product supplied is used for purposes other than normal or is improperly handled or maintained.
11. In case of hidden defects DATARECUPERATIE is limited to replacement or repair of the merchandise supplied by the vendor, without being able to be held to any form of compensation. Hidden defects must be notified within eight days after the discovery of the hidden defect by registered letter to DATARECUPERATIE, failing which they will no longer be accepted. In no case DATARECUPERATIE will be liable for lost profits, indirect - or consequential damages or for unforeseeable damage.
12. The invoices are payable at Ypres, unless otherwise agreed in writing. The transmission of the invoice acts as a reminder. The invoice shall be deemed to be accepted in the absence of protest by registered mail within eight days after the invoice date. No deduction can be applied for any reason by the contractor.
13. Any invoice that remains unpaid in whole or in part on the due date will be increased, by operation of law and without notice, with an interest of 12% per annum from the due date until the date of full payment.
14. In the event of even partial non-payment of an invoice by the due date as a result of negligence and without serious reason, the invoice amount shall be increased without notice with a penalty of 12%, with a minimum of 75.00 euros and a maximum of 2,500.00 euros and without prejudice to the legal costs and the costs of implementation.
15. In case of non-payment of a single invoice by the due date, DATARECUPERATIE reserves the right to terminate without notice further deliveries and work and the balance of all other invoices are due immediately.
16. Notwithstanding the statutory lien, DATARECUPERATIE is entitled to keep each case of the client, which it has made available in any way, until the full satisfaction of all amounts DATARECUPERATIE has to recover from the contractor, unless the contractor has provided a sufficient guarantee or security for the value of the claim .
17. DATARECUPERATIE reserves the right to terminate the agreement, by law and without prior notice and without requiring any compensation: in case of bankruptcy, WCO, insolvency, protested bill, dissolution of the company as well as to any change in the legal status of the contractor in case DATARECUPERATIE in unable to perform the contract due to force majeure, strike, lockout, fire, flood and any accident or incident that impedes the normal course of our business, as is generally known shortage of all not skilled labor, bankruptcy of suppliers, etc ...
18. All disputes fall under the exclusive competence of the Ypres department of the competent courts, without prejudice to the right of DATARECUPERATIE to bring the dispute to the Court of residence, registered office, administrative office, place of business, branch and / or office of the contractor.
19. All disputes shall be governed solely by Belgian law.
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