General terms and conditions of sale of R&B BUILDERS AND CONSTRUCTORS BV/SRL (hereinafter the “Seller”)
Article 1 - General
The Buyer is understood to mean the person who legally represents a legal person or a private company or a Consumer-Buyer within the meaning of Article I.1, 2° of the Code of Economic Law and who agrees to the order form, the offer or the service agreement of the Seller.
These general terms and conditions apply to all agreements drawn up by the Seller for the sale of goods or services, including any ancillary services. These general terms and conditions exclude, in the absence of written acceptance, all general and special terms and conditions printed on the Buyer's or contractor's documents.
The order constitutes the contract and expresses the irrevocable consent of the Buyer.
The contract must specify the material (using the coding elements of the product sheet) or the service (details of the services, due date, down payment, etc.), the quantities, the deadlines, the place and, where applicable, the Specify desired delivery schedule.
Subject to evidence to the contrary, the Buyer acknowledges having received and having taken note of a copy of these general terms and conditions of sale.
These general terms and conditions can also be consulted on the Seller's website –https://www.rbbuilders.be/general-sales conditions
If one of the provisions of the general terms and conditions should be declared inapplicable or invalid for any reason, this inapplicability or invalidity will not affect the application or validity of the other provisions of the general terms and conditions.
The nullification of one of the stipulations in the general terms and conditions does not affect the validity of the rest of the agreement.
Article 2 - Order
All orders are only concluded after written confirmation by the Seller
Any change to the order by the Buyer must be communicated in writing and must be expressly accepted in writing by the Seller.
The Buyer is deemed to know the properties, technical characteristics, etc. of the good or service. He chooses the type of material or service according to his needs and under his sole responsibility.
The Buyer acknowledges that it has been fully informed about the characteristics of the goods and/or services and does not require any further information.
The prices stated in Seller's quotations shall remain valid for thirty (30) days from the date of the quotation, unless otherwise specified. Prices are subject to revision. Any change in taxes, social security charges, wage scales, raw material prices and prices of suppliers occurring between the order and its execution or during the execution of the order may automatically and without prior notice lead to an adjustment of the originally agreed price.
Article 3 - Delivery
Delivery times can be changed in consultation.
The Seller may, if it is unable to fulfill the order or the accepted service or to perform it within the specified period due to force majeure, suspend its performance or terminate the contract, without being liable for any compensation._cc781905- 5cde-3194-bb3b-136bad5cf58d_
The material and goods supplied, including those which are sent free of charge, travel solely at the expense, risk and peril of the Buyer or the consignees. In the event of loss, delay or theft, the Buyer or the consignee must assert his rights against the company in charge of the transport and the Seller cannot be held liable for the loss, delay or theft. The goods are deemed to have been approved in our warehouses before shipment.
At the request of the Buyer, the equipment may be installed by the Seller against payment at the rates in force at the time of the conclusion of the contract.
The Buyer is obliged, at its own expense and risk, to inform the Seller of all relevant details (including the layout of the premises, opening hours, etc.) and to provide suitable premises with all necessary installations and connections.
Article 4 - Complaints
All complaints about the goods and deliveries must be sent by registered letter within 10 working days of receipt of the goods and deliveries.
Unless the Buyer expressly objects by registered letter within 3 working days after the installation by the Seller, the installation is deemed to have been carried out in accordance with the Buyer's order and according to the rules of the trade.
Article 5 - Prices, terms and payment arrears
The applicable prices and rates are in force at the time of the conclusion of the agreement, which the Buyer acknowledges to have taken note of and to have accepted.
All invoices are payable in euros, in cash or according to the payment term specified on the invoice.
In the event of non-payment of the invoice on the due date, the Seller reserves the right, without prior notice of default or compensation and without prejudice to all rights, to suspend the current services and to demand payment of all amounts due by operation of law and without any other formalities. to demand.
Any invoice or amount unpaid on the due date will be increased by operation of law and without prior notice of default with the statutory interest rate for late payment in commercial transactions from the due date of the invoice until full payment.
Any amount that remains unpaid on the due date will automatically and without prior notice lead to the payment of a fixed compensation of 15% of the amount in principal, interest and costs, with a minimum amount of € 150, without prejudice to any legal costs.
In addition, in the event of non-payment on the due date, all unpaid invoices become immediately and fully due and payable by operation of law and without notice of default.
In addition, the payment of invoices may not under any circumstances be made dependent on the installation or possible operation of certain equipment. The Seller is not involved in any dispute between an installer and a client or other party.
Article 6 - Possible right of withdrawal
If the Buyer is a Consumer-Buyer and the agreement is concluded without the physical presence of the Seller and the Consumer-Buyer, the latter has a right of withdrawal of fourteen (14) days in accordance with the provisions of Article VI. 47 of the Code of Economic Law.
In that case, no services may be provided during this period. If the Consumer-Purchaser wishes to start the performance before the expiry of this period, he must expressly request this in writing from the Seller. If the Consumer-Buyer decides to make use of his right of withdrawal after the start of the services, he will owe compensation in proportion to what has been delivered by the Seller up to the time when the Seller has been informed of the use of the right of withdrawal . In accordance with Article VI. 51 of the Code of Economic Law, the amount is calculated on the basis of the contractual price.
In order to exercise his right of withdrawal, the Consumer-Buyer can express his decision in an unequivocal manner to withdraw from the agreement concluded with the Seller.
Article 7 - Breach of Contract
In the event of unilateral termination of the contract by the Buyer, the Seller reserves the right to claim a fixed compensation equal to 20% of the total amount of the order. In the event of force majeure, the Consumer-Buyer can dissolve the agreement without compensation.
Reciprocity clause in the case of Consumer-Buyers: except in cases of force majeure, in the event of non-performance by the Seller of any obligation under the contract that causes damage to the Consumer-Buyer who is for non-professional purposes, the Seller shall acts, after receipt of a notice of default to which it has not responded for fifteen days, owe the Consumer-Purchaser compensation equal to 20% of the total amount of the order.
Article 8 - Express termination clause
If the Buyer fails to fulfill any of its obligations, however minor (particularly in the event of late payment), and if it does not remedy this situation within 8 days after the notice of default, the Seller shall be entitled either to contract, or to cancel the sale to the detriment of the Buyer.
In that case, the Seller can claim a fixed compensation of 20% of the total amount of the sale.
In the latter case, the Buyer is obliged to return the goods to the Seller at its own expense within 48 hours of the termination of the contract.
If the Buyer fails to do so, the Seller is entitled to take back the goods (or have them taken back) without further formality and at the expense of the Buyer.
The foregoing provisions are without prejudice to all other rights of the Seller and the right to claim actual damages.
Article 9 – Retention of title
The Seller retains title to the goods sold until full payment of the price, including any extras (costs, interest and penalties). Consequently, the Buyer is expressly prohibited from selling, transferring, pledging or generally disposing of the goods that are the subject of the contract before the account has been settled.
The Buyer is solely responsible for the loss, even by accident or force majeure, of the material sold.
The Buyer undertakes to inform the Seller of any seizure by a third party of the material sold, the price of which has not been paid in full.
Likewise, the Buyer undertakes to inform the Seller immediately if the delivered and unpaid material is located in premises rented by the Buyer.
The Buyer undertakes not to alter, remove or distort the signs, marks, numbers or other means of identification of the equipment, parts and/or services.
Article 10 - Warranties and Liability
The warranties of the material supplied by the Seller are limited to those of its suppliers.
The services specified in the contract are performed by the Seller as an obligation of means, at most as an obligation of security, according to its knowledge and within the existing technical limits.
In the event of misuse of the material, lack of maintenance or fall of the material, the Buyer can in no way hold the Seller liable for defects in the material.
Article 11 - Intellectual property
The Seller's creations (computer media, analyses, logos, software, office tools, documentation, etc.) are protected by intellectual property law and remain its full property, unless expressly stated otherwise.
These creations may only be used by the Buyer within the framework of the agreements concluded reciprocally and only on Belgian territory, unless expressly authorized otherwise.
Without the prior written consent of Seller, Buyer shall not directly or indirectly reproduce, adapt or modify, trade or distribute to its employees or third parties any computer media, writings or other resources provided, in whole or in part, without Seller's prior written consent.
The Seller declares that it owns the intellectual property rights relating to the products and services sold and made available to the Buyer or that it has obtained from the third owner a right of regular use of the latter.
Article 12 - Disputes and Claims
All disputes about the invoices must be sent to the registered office of the Seller in writing and by registered mail within 10 working days after receipt of the invoice (postmark date is taken as proof), under penalty of inadmissibility.
Disputes relating to the ordered services must be submitted by registered letter to the registered office of the Seller within 8 working days after execution, failing which they will be inadmissible.
Claims for hidden defects must be made by registered letter to the registered office of the Seller within a maximum period of 30 days from the date of receipt of the material sold.
the Seller is solely authorized to declare claims due to hidden defects well-founded. If the claims are upheld, the Seller has the choice between a price reduction or replacement of the material.
In the event of an apparent defect or non-conformity of the material supplied, duly checked and accepted by the Seller, the Buyer may, at the Seller's option, obtain a replacement or refund of the material free of charge, excluding any compensation.
Article 13 - Transfer
Except with the prior written consent of the Seller, the agreement and/or the rights and obligations stated therein are not transferable in whole or in part by the Buyer.
If the Seller has agreed in advance in writing to a transfer of a contract on behalf of the Buyer, the Buyer being the assignee agrees to pay the Seller jointly and severally with the assignor for all amounts owed by the assignor, principal or ancillary, under the transferred contract on the date on which the relevant transfer takes effect.
aArticle 14 - Jurisdiction and Applicable Law
In the event of a dispute, only Belgian law applies and only the courts of the Brussels area are competent to settle the dispute.
Only the Dutch text is binding.