Terms and conditions

Terms and Conditions 1. Except for special agreements, duly communicated in writing, all our transactions are subject to the following terms and conditions. 2. Prebena FB BV (BE0832108857) reserves the right to change the general terms and conditions at any time and without prior notice. 3. The customer's terms and conditions, which conflict with ours, cannot be imposed on us unless we have accepted them in writing. Our general terms and conditions therefore take precedence over those of the customer/client. 4. Our quotations are strictly limited to the specified elements. 5. Unless otherwise agreed in writing, our quotations remain valid for one month after the date of offer and our prices may thereafter be adjusted in line with fluctuations in wages and material prices. 6. The prices of the products appearing in our price lists or quotations are net prices. 7. All our products are always sold, approved, received, or acknowledged as received at 9420 Erpe-Mere, Evenbroekveld 38. All costs from departure from Erpe-Mere, transport and insurance costs, insurance against general and special risks and the like, and the associated taxes, are borne by the addressee. It is solely up to the addressee to safeguard their rights vis-à-vis the carriers and insurers in the event of shortage or damage or any other incident. 8. In the event of non-compliant delivery due to errors, poor workmanship, etc., our company is never liable for more than a refund or partial refund of the price of the non-compliant part of the sale. Our company declines any further responsibility.9. All drawings, diagrams, quotations, projects, material lists, and all other documentation provided to the customer in connection with the order or delivery remain the exclusive property of Prebena FB BV. Without our consent, they may not be copied in whole or in part, shown or passed on to third parties, or communicated to third parties in any other way. 10. The delivery period specified in our quotations does not take into account unforeseen circumstances or force majeure. In addition, the delivery period specified is approximate. Unless expressly stipulated, exceeding the delivery period does not entitle the buyer to any compensation, which, moreover, can never be claimed unless prior notice of default has been given by registered letter. 11. A complaint is only acceptable if it is submitted to us in writing within 8 days of delivery of the goods. 12. All our invoices and merchandise are payable without discount in euros to 9420 Erpe-Mere, Evenbroekveld 38, 30 days after the invoice date or upon delivery of the goods. The materials and goods remain the property of Prebena FB BV until full payment of the invoice. If Prebena FB BV has not received payment by the due date, it is entitled to take back the delivered goods. In this case, the customer will of course remain liable for the difference between the value of the goods taken back at that time and the total amount due. In this case, the value of the goods taken back will also be determined by Prebena FB BV. In accordance with Article 101 of the Bankruptcy Act of August 8, 1997 (Belgian Official Gazette October 28, 1997), the possible bankruptcy of the buyer does not affect Prebena FB BV's right to reclaim the goods in the buyer's possession. The parties agree to regard this clause as a written clause as required by the aforementioned Article 101. 13. All comments regarding our invoices must be submitted in writing no later than 8 days after the invoices have been sent. The intervention of a third party, possibly designated for the approval of the delivery, may in no way delay the payment term. 14. If one of the payments is not made on the agreed date, all other outstanding amounts shall become immediately due and payable, regardless of the previously agreed terms and conditions. 15. All invoice fees, and in general all expenses and taxes on the value of the goods, shall always be borne by the customer. 16. In the event of failure to make payment on the due date, the invoice amount will be increased by 10%, with a minimum of €81.97, as a fixed compensation, in accordance with Article 1252 of the Civil Code and in deviation from Article 1253, paragraph 1 of the Civil Code. This contractual compensation is automatically and legally due, without notice of default. This lump sum is agreed between the parties in order to avoid difficulties in proving the extent of the damage caused by late payment of an invoice, including additional administrative costs, advance payment of commissions and/or wages, disruption of administrative planning, etc. 17. Without prejudice to the above-mentioned compensation and without prejudice to any legal costs and the costs provided for in Article 1022 of the Judicial Code, it is understood between the parties that, from the due date of the invoice, a conventional interest of 10% per annum is due on the invoice amount, payable day by day, until the date of full payment. No prior demand or reminder is required for this. 18. All disputes, of whatever nature, as well as all claims for non-payment, fall under the jurisdiction of the magistrate's court in Aalst or the courts in Dendermonde. If the buyer is a consumer within the meaning of Article 1 of the Act of July 14, 1991, on commercial practices and consumer information, the provisions of paragraphs 2, 8, and 10(2) of these general terms and conditions shall not apply, but the relevant municipal regulations shall apply.