Kunstgraswereld/Resigrass General Terms and Conditions
The current terms and conditions are an integral part of the agreement, to the exclusion of the customer's own terms and conditions. Deviations are only allowed in writing. The customer explicitly acknowledges having read these terms and conditions and agrees to them completely without reservation.
The goods/services will be delivered as described on the invoice or in the order form. The accuracy of the delivery, regarding content as well as quantity, must be reviewed immediately upon receipt by the buyer; if there is no complaint or refusal at that moment about the delivery, no more complaints and/or refusal of the delivery will be accepted afterwards. Any other complaints must be communicated no later than within the seven days after receipt. Any return costs are always at the buyer's expense.
Regarding any defects in the delivered goods, the law of September 1, 2004 regarding the protection of the consumer in the sale of consumer goods is applicable. This Article is only applicable when the customer is a natural or legal entity that only acquires or uses the products or services for non-professional objectives.
The goods/services will be delivered within the time frame as stated on the order form, taking into account the usual tolerance specific to the type of industry or trade. The buyer is obligated to receive the goods as of the first delivery and/or notification that they are available. In the absence of this, all the resulting costs are at the buyer's expense, also if the delivery has been postponed upon customer request. Any delay in the delivery that cannot be attributed to us cannot give cause for damage compensation or dissolution of the agreement.
The price is VAT included. The delivery occurs at the seller, except for written agreement otherwise. The goods will always be transported at the expense and risk of the buyer, regardless who organizes the transport, at whose expense and upon the instruction of whoever. If the buyer lets the seller organize the transport of the goods, whether or not for payment of the transport price, the buyer explicitly accepts the risk of the transport. If desired, the buyer can have the transport insured by the seller for payment of a premium. The transport of the goods up to the customer's destination always consists of delivery by one person, on the street and up to the first gate. All additional costs for transport of the goods to a different delivery location are at the customer's expense.
The buyer is responsible for -‐ and hereby confirms that he/she possesses any necessary permits and explicitly indemnifies the seller of every liability. In the event of installation by the seller, the buyer, upon requesting a price proposal and no later than upon placing the order, will inform the seller of all possible restrictions, presence of pipes, risks and potential problems. The seller cannot be held responsible for damage to pipes, poor execution, loss and/or other damage if the necessary precautionary measures were not taken by the buyer for the purpose of preventing these issues. Since the sale occurs on the basis of measurements provided by the customer, whether or not possibly measured before the start of the installation by the seller, the calculated quantity is only final after the installation. In this case, the final sales price will then also be adjusted according to the actual quantities installed or delivered. The proposal cannot, as a result, be considered as final price, regardless whether the measurement occurred in advance.
Cancellation of the order is only possible if it is requested by the buyer in writing, no later than within the two days after the order, and insofar as it is confirmed in writing by us. In each case of cancellation, the buyer owes at all times a flat-rate compensation of 50% of the total value of the order, undiminished proof of higher damage by the seller.
Our deliveries can be paid in cash, after tax and without discount upon delivery. Invoices are considered to be accepted if they have not been objected to with sufficient reasoning within eight days via registered mail. Any banking or other costs related to the payment are always at the buyer's expense. By full or partial non-payment of the price to be paid on the expiration date, the total price to be paid will be, legally and without notice of default, increased by 1% interest as of the month begun, to be calculated as of the invoice date and a flat-rate damage compensation of 10% on the balance of the claim with a minimum of 250 EUR. In addition, any other outstanding invoices will be immediately due and payable. Late payment also entitles us to suspend further deliveries or services in order not to further increase the amounts owed and without notice on our part. If the invoice, upon customer request, is created in the name of a third party, the customer and the third party are jointly and severally responsible for its payment, as well as for the execution of the other obligations that result from the agreement.
Using the products and/or work executed by the seller applies as tacit acceptance of the goods and/or delivery of the services. The seller is solely and only liable for direct damage as a result of proven error and will in no case accept liability for consequential damage, immaterial damage, damage as a result of force majeure, storms, natural phenomena, (ground) subsidences, formation of pits, moles, voles and/or other animals or insects. Defects to the products or the execution of the installation will only be repaired locally without the buyer having the ability to invoke any form of damage compensation. Any damage compensation in the event of a proven error on the part of the seller will in any event be limited to 50% of the invoice amount. Damage and/or loss that is the consequence of not respecting the installation or user instructions provided by the seller will in no way give rise to damage compensation.
The goods delivered remain our property as long as the full price (purchase price, costs and interest) has not been paid. The customer bears the risks as of the delivery.
When the buyer does not fulfill the contractual obligations, we reserve the right, after notice of default, to either suspend our obligations, or to dissolve the agreement without legal intervention, if no, or no useful, response is given to the notice of default within eight working days, undiminished the right to damage compensation.
Parties acknowledge that the invalidity of one of the clauses from the agreement does not entail the invalidity of the entire agreement. In this case, parties commit to replacing the invalid clause with a legitimate clause that is as close as possible to the parties' original intention.
All of our agreements are governed by the Belgian law. Each dispute that should arise can only be settled by the courts of and in Antwerp.
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