General terms and conditions of sale Anticimex NV with administrative registered office at 8800 Roeselare, Beversesteenweg 565 and with company number 0402.272.064 (hereinafter referred to as 'Anticimex').
These general terms and conditions of sale of Anticimex (hereinafter "Terms and Conditions") apply to all offers, works, performances and agreements of Anticimex and are accepted by the customer by the fact of his order with Anticimex. Deviations from the Terms and Conditions, even if mentioned on documents emanating from the Customer or from our representatives, are only opposable to Anticimex if confirmed in writing and validly signed by Anticimex and the Customer; in such case the other provisions of the Terms and Conditions shall remain in force.
Unless otherwise agreed, the following provisions relating to costs shall apply. The packing and shipping costs are at the expense of the customer. Any additional costs imposed by the authorities will be charged to the customer. The customer shall bear the costs for electricity, heating, water and the discharge of polluted water. Travel costs shall be borne by the customer if they are due to his negligence. In the absence of the client at an appointment, the treatment that has not been carried out will be considered as carried out and the invoice will be due and the guarantee will expire until the next treatment; in addition, Anticimex has the right to claim and invoice travel costs for a minimum amount of EUR 50. In case of suspension of performance for any reason not due to Anticimex's fault, Anticimex has the right to invoice its costs (such as the mandatory working week for economic unemployment, such as rent, lease or equipment depreciation costs) to the client, in addition to 5% of the rate of the non-performed hours as compensation for Anticimex's administrative costs. The client will always inform Anticimex at least 10 days in advance by registered letter about future suspensions and reactivations, so that Anticimex can take care of the necessary formalities. If not, the costs will be charged to the client.
Unless otherwise agreed, invoices are payable without discount at the registered office at the latest on the due date. The invoice will be considered as paid when the funds are credited to Anticimex's bank account. If a credit period is granted to the customer, the payment must be credited to Anticimex's bank account before the due date. Invoices are always payable by the customer, even if he has a justified claim on Anticimex; set-off is therefore excluded. Invoices are irrevocably deemed to have been sent on the date of entry in Anticimex's accounts. In the absence of payment on the due date of a single invoice, even if a credit period has been granted to the customer under special conditions, all invoices sent to the customer shall become immediately due and payable in full and all credit periods allowed shall expire, and the amounts due shall be increased by fixed and non-reducible damages for extrajudicial costs, fixed at 15%, with a minimum of 125 Euro, of all amounts still due. In addition, unpaid invoices shall bear interest on arrears at the rate of 1% per month commenced from the invoice date. If the interest rate referred to in Article 5 of the Law of 02.08.2002 is higher, the latter will be applied. The fixed compensation and the default interest are due in full right and without reminder. All costs associated with the collection of the invoices, including lawyer's fees, shall be borne by the customer.
Any breach of contract by the customer, including but not limited to the terms of payment, shall entitle Anticimex to suspend or definitively stop its works and services immediately, without prior notice, without prejudice to all rights, including those provided for in the Terms and Conditions, and all damages.
5.Commencement and duration of the agreement
Each contract shall commence on the date specified in the agreement. If no start date is mentioned, the date of signature will be considered the start date. Where no date of signature is indicated, the date of first performance shall be taken as the starting date. Unless otherwise agreed and subject to Articles 7 and 12, contracts shall be concluded for a period of three years. They may be terminated by either party by giving at least three months' notice by registered letter before the triennial anniversary of the commencement of the contract. Failing this, the contract will be tacitly and irrevocably renewed for further periods of three years each time. The customer who, for whatever reason, would terminate, discontinue or terminate the agreement without observing the preceding provisions, shall owe a compensation equal to the invoicing that would normally have been done until the end of the triennial anniversary of the agreement and this with a minimum of three months invoicing.
Under penalty of forfeiture, complaints must be reported by registered letter (a) regarding damage, visible defects or non-conformity within 8 days after delivery and (b) regarding hidden defects within 8 days after discovery of the defect and in any case within three months after delivery or execution.
The amount of compensation to which Anticimex can be sued is always limited to a maximum of either the proceeds of the relevant contract over the last 12 months, or EUR 125.000,00 if the latter amount is lower. This limitation also applies in case of gross negligence or intent on the part of Anticimex's employees or employees. Anticimex cannot be held liable for minor faults, even if these are in themselves contrary to the rules of good workmanship, for damage, faults, defects not reported in conformity or out of warranty, for indirect damage, consequential damage, commercial damage or loss of profit, including financial damage, increase in general costs, damage due to loss of keys, costs for taking back products from the customer ('third party recall'), physical damage, exchange of or damage to electronic data, damage due to limescale in installations, the age or the poor or unlawful condition of buildings, installations, furniture, equipment or due to a lack of precautions taken by the customer to limit the damage, impossibility of fulfilling the planned operation of the company, or for claims by a third party against the customer, even if Anticimex had been informed in advance of the possibility of such damage. Anticimex shall only be liable for hidden defects insofar as it is proven that Anticimex was aware of them, which is notsuspected, and shall in any case be limited to three months after execution or delivery; timely and well-founded complaints shall give rise to the repair or the (complete or partial) replacement or supplement, without Anticimex being obliged to pay damages.
- Ownership of the delivered goods purchased by the customer shall only pass to the customer after he has fulfilled all payments and other obligations arising from this delivery to Anticimex, including any costs, fees and This retention of title extends to all goods present and shall continue even if the goods have been processed, incorporated, The customer cannot therefore dispose of the goods that have not yet been paid for in full in any way; in particular, he cannot make them available to third parties, give them as security or transfer ownership. In such a case, Anticimex shall be entitled to retrieve the delivered or placed items or to have them dismantled at the expense of the customer.
- The risk is transferred at the moment of shipment from the warehouses of Anticimex.
- The delivery of products and/or services in no way implies the transfer or assignment of any intellectual property. Anticimex bears no responsibility towards the customer for any intellectual property right of a third party. The goods used by Anticimex for the execution of the work within the maintenance agreement always remain the property of Anticimex. Upon termination of the maintenance agreement Anticimex shall send a written inventory of the goods belonging to Anticimex and their cost prices to the customer. These goods will be collected by the client and prepared for collection by Anticimex at the latest 15 days after receipt of the inventory.
Any dispute shall be submitted, at Anticimex's choice, to the courts of the registered office of Anticimex or of Brussels.
The agreement concluded between the parties is always governed by Belgian law.