Apart from the special conditions mentioned on the front of the invoice or order form and whether or not signed for approval by the customer, only the conditions mentioned below shall apply, to the exclusion of any others. The customer is deemed to know and apply the sales conditions.
Art. 1 : The specifications and price quotations are based on the current values of wages, materials and services. Should these change independently of the will of NDV ULTRASONIC, it reserves the right to adjust the prices appropriately. The customer is entitled to withdraw from the contract within eight days of being informed of the price change.
The order forms and price offers sent to the customer are valid for one month. Any study and research costs preceding the drawing up of the order form shall be borne by the Customer, regardless of whether or not a contract is subsequently concluded.
Art. 2 : Complaints concerning the conformity or visible defects of the delivery must reach us immediately after they have been noted, and in any case before the use or resale of the goods.
Art. 3 : Protests against the invoice must be made in writing by e-mail or registered letter within eight days of the invoice date. The date and invoice number are to be mentioned at all times.
Art. 4 : All invoices are payable in cash immediately upon receipt, unless otherwise stated on the invoice.
Art. 5 : In the event of non-payment of the invoice within the stipulated period, interest on arrears equal to the legal rate of interest shall be due ipso jure and without prior notice of default from the due date. Furthermore, a fixed compensation of 10% of the invoice amount shall be due, irrespective of the amount of the invoice.
Art. 6 : In case of a cancellation of the order, the buyer is also due a fixed compensation of 10% of the value of the order, with a minimum of one thousand euros for orders up to five thousand euros and two thousand euros for orders over ten thousand euros. If the agreement is cancelled by NDV ULTRASONIC, NDV ULTRASONIC will owe the buyer compensation equal to 10% of the invoice.
Art. 7 : As long as the delivered goods are not paid for, they remain the property of NDV ULTRASONIC. Goods that are custom-made for the buyer will be paid by the buyer when they leave our warehouse.
Art. 8 : In case of a dispute, the courts or the justice of the peace of the place where NDV ULTRASONIC is located have territorial jurisdiction. Belgian law is always applicable.
Art. 9 : When the buyer abandons and delays delivery and services, NDV ULTRASONIC reserves the right to charge the storage of the goods intended for the buyer, without prior notice. The storage of the goods, pending delivery, is at the expense and risk of the buyer. NDV ULTRASONIC Company BV can never be held responsible in any way for the consequences. NDV ULTRASONIC Company BV can never be held responsible in any way for the consequences of its material, installations and certainly not for living animals such as fish or reptiles, cattle etc.
Art. 10 : The agreement can be terminated by both parties without any compensation in case of impossibility to execute in case of force majeure, i.e. strikes, lock-out, strike of other parties, etc.
Art. 11 : We also reserve the right to consider the agreement terminated by operation of law and without prior notice of default in the event of bankruptcy or apparent insolvency of the Customer.
Art. 12 : Expenses related to unpaid bills of exchange or cheques and other collection costs are not included in the lump sum compensation.
Art. 13 : Costs related to unpaid bills of exchange or cheques, as well as other collection costs are not included in the lump sum compensation and will be charged to the Buyer separately.
Art. 14 : When NDV ULTRASONIC commits to deliver goods and services, 50% of the price is to be paid upon receiving the first invoice. The other 50% of the invoice is to be paid when the goods leave our warehouses. This unless agreed otherwise.
Art. 15 : In case of non-payment we reserve the right to stop further deliveries, performances and services. In the event of non-payment, we reserve the right to consider the agreement terminated by operation of law and without prior notice of default.
In the event of non-payment we reserve the right to regard the agreement as dissolved by operation of law and without prior notice of default, for the whole or the part which has not yet been part.
Art. 16 : The goods are always shipped at the buyer's risk, except in case of intent or gross negligence on the part of the carrier. The transport costs shall always be borne by the purchaser.
Art. 17 : The date for the start of the work is mutually agreed with the customer, but can always be postponed by the seller - installer in exceptional circumstances and/or circumstances beyond the control of NDV ULTRASONIC.
Art. 18 : The Customer must facilitate the execution of the work as much as possible. He has to make sure that the materials can be delivered to the place. He must ensure that the area where the work is to be carried out is free of any obstacle. All clearing and/or cleaning work shall be invoiced to the client in supplementary charges. The order forms are drawn up on the assumption that the work will be carried out without interruption. If other professionals work with NDV ULTRASONIC at the same time, the customer must ensure that the normal progress of NDV ULTRASONIC's work is not interrupted. Should this be the case, the execution deadlines will be extended. Lost and unrecoverable waiting times will be invoiced as a supplement. All expenses incurred due to lost time that are not caused by NDV ULTRASONIC, such as delays due to non-compliance with safety regulations, will be charged as a supplement to the agreed price.