These general terms and conditions apply to every offer from Van Beers Projects and to all agreements for the delivery of goods and/or services to which it is a party. The applicability of any other general terms and conditions of the customer or supplier is expressly excluded.
These general terms and conditions apply in their entirety, unless expressly deviated from in writing by Van Beers Projects. Any deviation from the general terms and conditions remains limited to what Van Beers Projects has expressly committed to in writing within the framework of a specific transaction. The provisions not affected by the deviation remain fully applicable to the entire business relationship.
Every order by the customer implies the unconditional, irrevocable, and full acceptance of these general terms and conditions. In the absence of express acceptance, every customer is deemed to have accepted these terms and conditions by the mere fact of (having) the order executed by Van Beers Projects.
All our quotations are free of obligation and non-binding, unless confirmed by the managing director of Van Beers Projects. Unless stated otherwise in the quotation, they are only valid for acceptance within 14 days of the quotation date.
Insofar as quotations are prepared based on information provided by the customer, the latter guarantees the completeness, reliability, and accuracy of the information provided, without Van Beers Projects being required to investigate this information. Van Beers Projects reserves the right to issue a revised quotation at any time during the execution of the agreement if the information provided by the customer proves to be incomplete, unreliable, or inaccurate. If this revised quotation is not accepted by the customer, Van Beers Projects reserves the right to terminate the agreement with immediate effect, without any right to compensation for the customer. In such cases, goods or services already delivered remain due for payment by the customer.
Our quotations contain a full and accurate description of the goods and/or services offered. Van Beers Projects can only be bound by what is explicitly stated in its quotation. All previous agreements, promises, or statements made by representatives of Van Beers Projects shall be considered null and void, unless they are explicitly stated and accepted in a quotation.
If, during the execution of an agreement, circumstances arise—regardless of whether they were foreseeable at the time of entering into the agreement—that result in an increased burden on the obligations of Van Beers Projects or result in contracting under terms less favorable to Van Beers Projects, Van Beers Projects reserves the right not to execute the agreement or to propose modified terms, without any right to compensation for the customer.
Quotations for custom productions apply to the specified quantities. If the customer decides to order a smaller quantity than stated in the quotation, Van Beers Projects will not be bound by the quoted price and shall be entitled to charge the price applicable to the smaller quantity.
All prices include packaging but exclude VAT, unless expressly agreed otherwise. Freight, express, and other costs are not included, unless expressly agreed otherwise, and are calculated according to the conditions prevailing at the time of delivery.
Van Beers Projects bvba reserves the right to pass on to the customer any price adjustment from its suppliers, increases in raw material prices, increased costs due to wage increases, currency fluctuations, or other circumstances that increase the burden of its obligations. Van Beers Projects will, if applicable, notify the customer in writing and with justification of this price adjustment. If the customer does not contest these price adjustments in writing within five days of being notified, the customer is deemed to have accepted the price adjustment.
All invoices are payable in the currency stated on the invoice. Unless otherwise agreed in writing, invoices are always payable within thirty days of the invoice date.
Any amount remaining unpaid on its due date shall, by operation of law and without prior notice of default, incur interest at a rate of 10% per year from the due date until the day of full payment. Furthermore, any amount unpaid on its due date shall, by operation of law and without prior notice of default, be increased by a fixed compensation of:
12% on the first bracket of €6,200.00 of the outstanding balance;
10% on the bracket from €6,200.01 up to and including €12,400.00;
8% on the outstanding balance exceeding €12,400.00; With a minimum of €100.00, without prejudice to the right of Van Beers Projects to claim higher compensation upon proof of higher actual damages suffered.
In the event of non-payment of any invoice within the term specified in these conditions, Van Beers Projects reserves the right to suspend further deliveries, performances, and services without prior notice of default and without any right to compensation for the customer. The non-payment of any amount on its due date results, by operation of law, in the customer losing the benefit of any term arrangements in all current agreements, making all non-matured debts of the customer to Van Beers Projects immediately due and payable.
Van Beers Projects has the right at all times to request an advance payment before commencing the delivery of goods or services, without having to provide justification. The execution of the agreement will, in that case, be suspended until the customer has paid the advance.
Unless otherwise agreed in writing, all our deliveries take place Ex Works (EXW) at the warehouses of Van Beers Projects. The customer shall ensure adequate insurance of the delivered goods during transport, even if Van Beers Projects handles the organization of transport and shipment, until the moment of transfer of ownership in accordance with these terms. Provisions deviating from transport modalities will leave the risk transfer regulations in these conditions fully applicable.
Delivery periods communicated by Van Beers Projects are indicative. Exceeding these delivery periods can never lead to the termination or dissolution of any agreement, nor to any compensation at the expense of Van Beers Projects. Only a mutual agreement between Van Beers Projects and the customer can lead to the termination of the agreement in whole or in part.
If Van Beers Projects is prevented by force majeure from fulfilling its obligations in whole or in part, it is entitled, at its discretion, either to suspend execution for the duration of the force majeure or to terminate the agreement, without being liable for any compensation to the customer. Force majeure includes, but is not limited to: war, strikes, lock-outs, blockades, industrial actions, government orders, machine breakdown, fire, floods, industrial accidents, transport delays or interruptions, supply difficulties, and suppliers failing to meet their obligations to Van Beers Projects.
Goods delivered by Van Beers Projects that do not meet legal or technical requirements will—if the customer demonstrates that the goods are therefore unprocessable—be taken back by Van Beers Projects and exchanged for the same goods that do meet requirements. If exchange is not possible, the customer will be credited, provided the goods are still in their original packaging.
Van Beers Projects is deemed to have delivered the ordered quantity if the deviation in the delivered quantity is less than 10% of the ordered numbers.
If the customer does not take delivery of the sold goods within 10 days of notification by Van Beers Projects that the goods are available, Van Beers Projects reserves the right either to dissolve the agreement without liability for compensation or to charge a storage fee to the customer.
Complaints regarding the goods must, under penalty of forfeiture, be formulated in writing via registered mail no later than eight working days after delivery, providing a precise description of the complaint.
As long as the price, including all accessories, has not been paid in full, the delivered or sold goods remain the exclusive property of Van Beers Projects. Any partial payment does not imply a proportional transfer of ownership. During the period of retention of title, Van Beers Projects has the right to reclaim the goods at any time. The customer is obliged to return unpaid goods no later than 5 working days after a registered request to that effect. For each day of delay in returning the goods, an amount equal to 1% of the purchase price shall be due to Van Beers Projects to cover administrative costs.
Until full payment, the customer undertakes:
Not to transfer the goods to a third party or encumber them with any security right.
To adequately insure the delivered goods against loss.
The cancellation of an order by the customer will result in a fixed compensation to Van Beers Projects equal to 25% of the purchase amount.
Van Beers Projects is not liable for damages, in any form, caused by deficiencies or deviations in material or execution, except in cases of intent or gross negligence on the part of Van Beers Projects. If applicable, Van Beers Projects is willing to subrogate the customer in any claim rights that Van Beers Projects may have against suppliers.
In case of hidden defects, the liability of Van Beers Projects is limited to the replacement of the defective goods, excluding any other compensation. The customer indemnifies Van Beers Projects against any claims for damages from third parties. In no case is Van Beers Projects liable for indirect damage, immaterial damage, loss of production, loss of profit, etc.
Liability is excluded if the goods are used under circumstances not in accordance with the recommendations of the manufacturer or Van Beers Projects, in case of poor maintenance, or in case of loss of the goods caused by the customer or a third party.
All existing or future taxes on the value of the goods subject to agreements under these conditions are the responsibility of the customer.
All disputes arising between Van Beers Projects and the customer regarding any quotation, order, agreement, or transaction shall be settled exclusively by the Belgian courts, specifically the courts in the judicial district of the registered office of Van Beers Projects.