General terms and conditions
Article 1: Scope of application
The Agreement binding the Parties consists of the Purchase Order, these General Terms and Conditions, the Specific Terms and Conditions and, where applicable, the Payment Form. By placing an order and/or placing the order, the Customer accepts these General Terms and Conditions without reservation and renounces his own General Terms and Conditions, even if these declare themselves to be the only ones applicable.
Article 2: Duration
The Agreement shall enter into force on the date on which it is signed by the Parties. The Agreement is concluded for an initial period, the duration and starting date of which are indicated on the Purchase Order and/or Invoice.
Each Party has the right to terminate the Agreement at any time by means of a reasoned registered letter with immediate effect and without the intervention of a court of law in the event of either Party's failure to comply with its contractual obligations. The Agreement is automatically terminated if one of the Parties ceases its activities, becomes insolvent or goes bankrupt or is involved in similar proceedings.
Article 3: Price
The services and products are invoiced at the prices indicated on the Purchase Order. The additional services and products will be invoiced according to the price list in force at the time of the additional order.
Unless expressly agreed otherwise, in writing and in advance, the prices are always exclusive of VAT, travel expenses, hotels, meals and other levies and expenses. These costs will be invoiced to the Customer at cost price. The costs of intervention by a competent person or interventions after the expiry of the guarantee shall be charged to the Client on an hourly basis at the rates in force at the time. The duration of the intervention will be rounded off per hour started.
In the event of an increase in the rates of its suppliers, DMCC BVBA reserves the right to pass on this increase to the Client. DMCC BVBA shall inform the Customer of this at least one week before the entry into force of the new prices. The Client shall have the option of terminating the Agreement without compensation, provided that he notifies DMCC BVBA of his refusal to accept the new prices by registered letter within 5 days of the notification of the increase.
Article 4: Payment
All DMCC invoices are payable to private individuals within 1 calendar day (payment in cash) and to companies within 7 calendar days of the invoice date in euros and to the account of DMCC BVBA at KBC Bank and Insurance with number BE27 7360 3770 4873. In the event of non-payment of the invoice within the above period, the Client shall be liable by operation of law and without prior notice of default to pay interest for late payment at the rate of 12% per month, whereby each month commenced shall be regarded as a full month, as well as a lump-sum payment at the rate of 5% of the invoice amount with a minimum of EUR15,- without prejudice to DMCC BVBA's right to claim higher damages if its loss exceeds this lump-sum amount.
If the Client fails to pay the amount due within five days after a reminder has been sent, DMCC BVBA has the right to suspend the performance of the Agreement until full payment has been made and DMCC BVBA may refuse to carry out any further work. In both cases DMCC BVBA may claim full payment of all damages from the Customer. Any complaint regarding the invoiced amounts must reach DMCC BVBA by registered letter within 8 calendar days of the date of the invoice. If this is not the case, the invoice shall be deemed to have been irrevocably and fully accepted. No complaint or dispute gives the Client the right to evade his own obligations towards DMCC BVBA, including his obligation to pay.
Article 5: Guarantees
The products (Coatings, .....) are guaranteed by the manufacturer under the conditions referred to in the Specific Conditions relating to the products in question.
DMCC BVBA cannot be held liable for the manufacturer's refusal to apply the warranty. Nor can DMCC BVBA, in the event of failure on the part of the manufacturer for any reason whatsoever, be obliged to take the place of the manufacturer.
On pain of forfeiture of rights, any summons to indemnification must be notified by registered letter within 8 calendar days after the discovery of the problem.
Article 6: Liability
DMCC BVBA can only be held liable within the following limits for damage caused by it in the performance of the Agreement:
1. DMCC BVBA is only liable for the repair of foreseeable, direct, personal and certain damage suffered by the Customer, to the exclusion of the repair of all indirect or immaterial damage such as additional expenses, loss of profit, loss of customers, loss of or damage to data, loss of contracts, loss of time, interruption of business activities, etc. or damage resulting from a disruption of the commercial activity.
2. The liability of DMCC BVBA shall always be limited to the total amount that the Customer has paid DMCC BVBA for the services and/or products concerned in the course of the 12 months preceding the cause of the damage. The liability of DMCC BVBA nevertheless remains unlimited in the event of death or bodily harm.
3. DMCC BVBA cannot be held liable for damage to vehicles noted from the next working day onwards. Nor can DMCC BVBA be held liable if the customer does not follow the instructions given.
Article 7: Various provisions
This Agreement is governed by Belgian law. In the event of a dispute relating to the interpretation, validity, performance and/or termination of the Agreement that cannot be settled amicably, the courts and tribunals of Leuven shall have sole jurisdiction.
Article 8: Advance payment
For each form of treatment DMCC BVBA has the right to request an advance of 25% or more before commencing the work.