Terms and Conditions

TERMS AND CONDITIONS
generator.be

Article 1: Definitions

1.1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise. User: Stroomgenerator.be the user of these general terms and conditions. Buyer: The other party of the user, acting in the exercise of a profession or business, to whom the user sells and delivers goods, as well as to whom the user also provides services, if applicable, etc., all of which do not fall under consumer law. Agreement: The agreement between user and buyer who is not a consumer, or only business to business (B2B).

Article 2: Applicability

2.1. These terms and conditions apply to all legal relationships between the user and the buyer, including every offer, quotation and agreement between the user and the buyer to which the user has declared these terms and conditions applicable, insofar as the parties have not deviated from these terms and conditions explicitly and in writing.

2.2. The present terms and conditions also apply to all agreements with the user, for the implementation of which third parties must be involved.

2.3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.

2.4. The applicability of any purchase or other conditions of the buyer is expressly rejected.

2.5. If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. User and buyer will then enter into consultation in order to agree on new provisions to replace the invalid or voided provisions, whereby the purpose and purport of the original provision will be taken into account as far as possible.

Article 3: Offers and conclusion of the agreement

3.1. Every offer made by the user is without obligation, unless a term for acceptance is expressly stated in or in connection with the offer.

3.2. The prices in the offers/quotations referred to are exclusive of VAT and other government levies, as well as any costs to be incurred in the context of the agreement, including shipping and administration costs, unless agreed otherwise.

3.3. The offer is based solely on the information provided by the buyer for this purpose, whereby the user may rely on the correctness and completeness thereof. The buyer guarantees the correctness and completeness of the information referred to.

3.4. The binding non-cancellable agreement between the user and the buyer is concluded in one of the following ways and times: a) either, at the moment when an offer made by the user has been explicitly accepted by the buyer verbally or in writing and unchanged; or the signing of the delivery note at the time of receipt of the goods by the buyer. b) either, if an order confirmation is sent, at the time when the user has received back the order confirmation sent to the buyer and signed for approval by the buyer;

Article 4: Execution of the agreement

4.1. The buyer ensures that all data, which the user indicates are necessary or which the buyer should reasonably understand are necessary for the execution of the agreement, are provided to the user in a timely and correct manner.

Article 5: Delivery

5.1. Delivery is made ex delivery van/warehouse of the user.

5.2. The buyer is obliged to take delivery of the goods at the moment that the user delivers them or has them delivered to him, or at the moment when they are made available to him in accordance with the agreement.

5.3. If the buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, the user is entitled to store the goods at the expense and risk of the buyer.

5.4. For orders with a purchase value of less than €1,500 excluding VAT, the transport costs are for the account of the buyer. For orders with a purchase value higher than € 1,500 excluding VAT, the transport costs are for the account of the user, unless it concerns exceptionally extensive transport (this is at the discretion of the user), or shipments abroad, the costs of which are for the account of the buyer. to be.

5.5. The risk of the goods transfers to the buyer at the time when they are legally and/or actually delivered to the buyer and are thus placed in the power of the buyer or of a third party to be designated by the buyer.

Article 6: Price and costs

6.1. The price is exclusive of VAT and any costs to be incurred in the context of the agreement.

6.2. User is entitled to increase this price, for example in case of amendment or addition to the agreement. 6.3. Furthermore, the user is entitled to pass on price increases if the rates with regard to, for example, wages or other costs have increased between the time of the offer and delivery.

Article 7: Payment

7.1. Payment must be made immediately after the invoice date, unless agreed otherwise in a manner to be indicated by the user, in the currency in which the invoice was made, without any deduction, discount or set-off being permitted. Objections to the amount of the invoices do not suspend the payment obligation.

7.2. If the buyer fails to pay immediately, the buyer is legally in default. The buyer then owes interest equal to the applicable statutory commercial interest. The interest on the due and payable amount will be calculated from the moment that the buyer is in default until the moment of payment of the full amount, whereby part of a month is counted as a full month.

7.3. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the user's claims against the buyer are immediately due and payable.

7.4. The user has the right to have the payments made by the buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. The user can, without being in default, refuse an offer of payment if the buyer designates a different order for the allocation. The user can refuse full repayment of the principal sum, if the accrued and accrued interest as well as the costs are not also paid.

7.5. In the event of exceeding any payment term, the user is entitled to stop further deliveries to the buyer until the full outstanding amount from all agreements concluded with the user has been paid in full. In this case, the user is also entitled to send the following items exclusively cash on delivery.

Article 8: Retention of title

8.1. All goods delivered by the user remain the property of the user until the buyer has fully fulfilled all obligations under all agreements concluded with the user, at the discretion of the user.

8.2. The buyer is not authorized to pledge or encumber in any other way the goods subject to retention of title.

8.3. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the buyer is obliged to inform the user of this as soon as may reasonably be expected.

8.4. The buyer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance for inspection on first request.

8.5. Goods delivered by the user, which fall under the retention of title pursuant to the provisions under 1. of this article, may only be resold within the framework of normal business operations and may never be used as a means of payment. In the event of resale, the buyer also undertakes to deliver (on) under retention of title.

8.6. In the event that the user wishes to exercise his property rights referred to in this article, the buyer already now gives unconditional and irrevocable permission to the user or third parties to be designated by him to enter all those places where the user's property is located and to to take back.

Article 9: Collection costs

9.1. All judicial and extrajudicial (collection) costs reasonably incurred by the user in connection with the buyer's non-compliance or late fulfillment of his payment obligations are for the buyer's account.

9.2. The buyer owes statutory interest on the collection costs incurred.

Article 10: Research, advertisements

10.1. Shortcomings must be reported to the user in writing by the buyer within 7 days of discovery. The deficiency letter must contain as detailed a description as possible of the deficiency, so that the user is able to respond adequately.

10.2. If a defect is justified, the user is authorized at its own discretion either to adjust the invoice amount, to deliver the product in question again, or to refund part of the price already paid without further implementing the agreement.

10.3. If the buyer has not complained within the period set in Article 10.1, all his rights and claims for whatever reason will lapse with regard to what he has complained about or could have complained about within that period.

Article 11: Expiry period

11.1. Without prejudice to the provisions of Article 10, the buyer is obliged, if he is of the opinion or continues to believe that the user has not performed the agreement on time, not fully or not properly, unless this has already been done on the basis of the provisions of Article 10.1, immediately. notify the user in writing and enforce the claims based thereon within one year after the date of the notification referred to above, or within one year after that notification should have been made, failing which all its rights and claims in this respect lapse upon expiry of the term referred to above.

Article 12: Suspension and dissolution

12.1. If the buyer does not, not properly or not timely fulfill any obligation towards the user, if the buyer has been declared bankrupt, a request to that effect has been submitted to the court, if the buyer has applied for or has been granted suspension of payment, if the buyer's business is shut down or liquidated, if the buyer's goods are seized, or if the buyer is placed under administration or guardianship, the user has the right to suspend the fulfillment of all its obligations towards the buyer or to cancel the agreement with the buyer. , without any notice of default or judicial intervention and without being obliged to pay any compensation, to dissolve it in whole or in part, all this without prejudice to the other rights of the user, including those for compensation.

Article 13: Liability

13.1. If the user should be liable, then this liability is limited to what has been arranged in this provision.

13.2 The user's liability for damage suffered by the buyer, which is caused by late, incomplete or improper performance of the agreement, is limited to a maximum of the (invoice) amount excluding VAT, which the user has charged to the buyer. charged for the delivered goods and/or for the performance of the work in which the cause of the damage lies. However, any compensation owed by the user to the buyer will never exceed the amount for which the user's liability is covered by insurance, or at least up to the amount of 500.00, insofar as the said insurance does not provide coverage in such a case. . The foregoing is subject to exception in the event of intent or equivalent gross negligence on the part of the user. User in this and the following provisions of this article also includes his employees as well as any third parties engaged by him in the performance of the assignment.

13.3. The user is not liable for damage caused by the buyer's failure to comply with its information obligation arising from Article 3.3, unless this damage was also caused by intent or equivalent gross negligence on the part of the user.

13.4. The user is also not liable for damage caused by acts or omissions of third parties involved by the buyer in the execution of the assignment, unless that damage was also caused by intent or equivalent gross negligence on the part of the user.

13.5. The user is also always authorized to limit or undo the buyer's damage as much as possible, to which the buyer will fully cooperate.

13.6. The buyer is obliged to limit his/her damage and/or that of its members as much as possible or, where possible, to undo it.

13.7. User is never liable for indirect damage, including consequential damage, lost profit, lost savings and damage due to business interruption. The foregoing is subject to exception in the event of intent or equivalent gross negligence on the part of the user.

Article 14: Indemnifications

14.1. The buyer indemnifies the user against claims from third parties with regard to intellectual property rights on materials or data provided by the buyer, which are used in the performance of the agreement.

14.2 The buyer indemnifies the user against claims from third parties with regard to damage related to or arising from the agreement performed by the user, if and insofar as the user is not liable to the buyer for this pursuant to the provisions of Article 13.

Article 15: Force majeure

15.1. The parties are not obliged to comply with any obligation if they are prevented from doing so as a result of a circumstance that cannot be attributed to fault, and is not for their account under the law, a legal act or generally accepted views.

15.2 In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard by law and jurisprudence, all external causes, foreseen or unforeseen, over which the user cannot exert any influence, but as a result of which the user is unable to fulfill its obligations after to come. This includes strikes in the user's company.

15.3. In the event of force majeure, the buyer cannot claim any compensation.

15.4 If a case of force majeure leads to the agreed date or period being exceeded, the buyer has the right to terminate the agreement in question by means of a written statement. This dissolution does not extend to goods that have already been delivered; these must be paid to the user with due observance of article 7 of these general terms and conditions.

Article 16: Applicable law and disputes

16.1. The court in the user's place of business has exclusive jurisdiction to take cognizance of disputes, unless provisions of mandatory law prescribe otherwise.

16.2. All legal relationships between the user and the buyer to which these general terms and conditions apply are governed by Dutch law. The Vienna Sales Convention is expressly excluded.