General terms and conditions
Subject to a written agreement to the contrary, the legal relationship between the parties is governed by these general terms and conditions, to the exclusion of the customer’s own terms and conditions.
Models, designs and drawings delivered by us will remain our property and can be reclaimed at all times. They may not be copied or provided to third parties. The customer is expressly forbidden to print or use them and doing so will give cause for paying compensation for damages.
By signing the price quotation or purchase order, the customer declares that he irrevocably agrees to having it executed. The deadlines that we provide for the works are approximate unless there is a written and express confirmation to the contrary when the assignment is accepted.
Goods are transported at the customer’s costs and risk. Goods fetched from our warehouses or delivered to the customer by us must be checked immediately. Complaints relating to goods delivered or services provided cannot be accepted if they do not reach us in writing by registered post within 7 days following delivery. In particular, the customer must check an installation immediately after it has been fitted and provide us with any remarks by registered letter within 7 days. Any needless journeys pursuant to a mistake on the part of the customer will be invoiced.
The customer is exclusively responsible for requesting the necessary licences or permits from the city or municipal council. Any (illuminated) advertisement, façade cladding and signboard with or without permission from the city or municipal council is fitted at the full responsibility of the customer. Changes to illuminated advertisement proposed by the city or municipal council cannot give cause for cancelling the order. The customer is liable for any accompanying additional costs and surcharges pursuant to the changed version.
We can make any changes, as well as drill into super-hard material such as granite, blue stone, marble and the like, yet we cannot be held liable for any damage to such materials. The customer is exclusively liable for damage caused by third parties to the advertisement panel, signboard or (illuminated) advertisement, any repair and re-adjustment pursuant thereto.
Approval of the illuminated advertisement is mandatory and is at the liability of the customer, who must also make the application; any shortcomings must be reported to us within one month following the delivery or fitting. Our invoices are payable at our registered office within 30 days after invoice date. An advance payment of 30% is payable upon confirmation of the price quotation. If payment is not made or if only a part of the payment is made by the due date, conventional interest equal to the interest rate that is determined biannually in application of the Act of 2 August 2002 combating late payment in commercial transactions will be owed by operation of law and without prior notice of default. In addition, if payment is not made at all or only a part is of the payment is made and if notice of default is disregarded, the balance of the debt will be increased by 12% by means of a fixed payment, with a minimum of EUR 125 and a maximum of EUR 2,500, even if periods of grace have been granted. Subject to penalty due to lapse, any complaints relating to invoice contents must be reported in writing and by registered letter within 7 days following invoice date. Goods delivered remain our property until the full price (principal sum, costs and interest) have been paid.
Unless there is a special agreement, the guarantee expires after 12 months from the day of the fitting, except for fluorescent lamps and starters, for which the guarantee period is 6 months. The guarantee covers any manufacturing mistakes but no maintenance works. No compensation for damages whatsoever can be claimed from us where the installation needs to be switched off to do the necessary repairs to any damage caused pursuant to a defective illuminated advertisement. This guarantee will lapse in the case of force majeure and storm.
The customer has a major interest in taking out an all-risk insurance for his illuminated advertisement. If, any work or repairs must be performed in execution of the guarantee clause, this may in no case whatsoever be invoked as a reason to postpone payment for the delivery made for this. In the event of any dispute, the Courts of Oudenaarde will be exclusively competent. We reserve the right to issue summons before the Courts of Kortrijk or of the Courts of the customer’s registered office.