a)
Unless by other agreement, the following terms and conditions apply to all our
quotations and/or orders given to us and/or work performed and/or done
deliveries and/or contracting of work and/or performance provided by us, nothing
except. Own terms and conditions of the client and/or third parties do not apply.
application, even if not expressly rejected or
contradicted.
(b) Unless otherwise stipulated, the C.M.R. convention shall apply.
Art.
1: Formation of the contract
1.1. Any quotation issued by us commits us only after definitive
acceptance of the order, which is when the written confirmation is
transferred regarding price, special conditions and start date. A quote
lapses automatically in the absence of agreement within 8 days. Express
shall be stipulated that performance shall also be contingent upon our
additional written approval of yard, work site, execution date and
term.
1.2. It is the client’s duty, in writing, to provide all possible
provide information, both regarding the goods to be handled,
place of Iading and unloading as of roads to be followed. 1.3. Our prices are
calculated for easily accessible and rideable resp. navigable places on land
and on water. The areas in which our equipment is located in the context of a
assignment enters must be sufficiently paved and have a stable surface
have to allow normal movement and set-up of our equipment.
let. If it subsequently transpires that this has not been complied with, we are entitled to deduct the costs incurred as a result.
charge any additional costs incurred to the client. In addition, the
principal the risk for all damage, damage or loss resulting from
incomplete or incorrect information. This also applies to incorrect or
incomplete follow-up of information provided by us. This includes
that the customer will pay any damages to us or to any third party (such as, for example, by
breakage, property damage, time loss due to repair, waiting times…) in itself
takes and will pay immediately.
Art.
2: Changes – price revisions
2.1. We commit ourselves only to the agreed order so that any
modification, adaptation and additional work constitute a new agreement,
Without touching past commitments.
2.2. In such cases of change, modification and/or additional work, we may
adjust our prices.
2.3. Prices are based on execution in working days : for work on
Saturdays, Sundays and public holidays, we have the right to adjust our rates.
fit.
2.4. In the event of incorrect information from the principal, at a minimum, the
agreed price charged, with a supplement for preponderance. All
additional costs and charges shall be borne separately by the client.
Art.
3: Execution – delay – interruption
3.1. Without prior confirmation, the works are done under your direction
and supervision. We determine the order in which we will perform
assignments. Dates and/or deadlines are not guaranteed. The advance or
interim information regarding the implementation date shall be provided
without resulting in any obligation or liability for us
resulting.
3.2. We have the right, in carrying out an assignment, to use
of all means of transportation and assembly deemed serious by us, if necessary
contrary to what the order confirmation specifies.
3.3. In case of unwarranted breach of contract by the customer,
concluded either by telephone, fax, in writing or otherwise,
even in case of mere ‘principle’ order lump sum compensation
be due in the amount of at least 50% calculated on the sum at
agreement determined either at five times a previously determined
day price.
3.4. In such case as well as in case of adjournment of the assignment, due to
any fact – force majeure or accident not excluded – the customer is obliged
all costs and damages (including from equipment downtime) immediately
reimburse.
3.5. We shall never be liable for any penalty due to delay or otherwise.
3.6. Should it appear that the execution of the assignment – from whatever cause
also, only at great risk to personnel and/or equipment could
take place or be completed – this at our sole discretion –
then we may cancel and refund the portion already performed in proportion to the
blame entirely.
Art.
4: Risks
4.1. Expressly, our responsible for any damage or delay due to
force majeure excluded. All additional costs incurred due to force majeure shall be borne by
charge of the customer. Force majeure includes: a) War, danger of war, measures
from above, quarantine, riot, sabotage, strike, lockout, disorders
in traffic, lack of labor, diseases. (b) Poor
weather conditions, storm, fog, lightning, flooding, high and low
water, frost, freezing, icing. C) Fire, explosions, subsidence,
collapse, flooding, thawing arrows. (d) Closure of border posts, delay in
stations or toll services.
4.2. Convention also provides that unforeseeable defects in the
equipment needed for the job as well as illness of our personnel or damage and
absence due to
acts of third parties cannot be charged to us.
4.3. In the event of leasing, the equipment is leased only for
assignments according to regulations and requirements specific to the leased property
material. The lessee is generally and solely responsible for all
harmful consequences in any accident or otherwise, directly or
arising indirectly from the lease, or even caused by
mere detention or use.
Art.
5: Insurance
5.1 Except as otherwise provided, the client shall insure the goods against all
risks of transportation and/or handling and specifically: theft, damage
in loading, unloading, transportation, assembly, handling, loss, fire, without being
this list is restrictive. The client will provide valid proof of this to us
submit. In any case, a waiver of recourse in our favor will always
are an essential condition.
5.2. Upon special customer request, the closing of a special
insurance to be processed by us. This will be provided to the customer separately
charged. If in such case, the amount of the damage proves to be higher
are than the values given to us in writing, then the customer remains his own
insurer for the excess.
Art.
6: Story
6.1. Art. 30 of the C.M.R. Convention (May 19, 1956) applies to
visible and invisible losses and damages. It is agreed that
any complaint regarding damage to third parties, buildings, etc. as well as defective
execution of the order by registered letter no later than begin the 2 days
after execution must have been served on us. On the occasion of the performance
The client will provide the work order
sign and make all comments on it.
6.2. The client renounces any story in front of us, our appointees and
subcontractors regarding liability related to loading, transportation,
damages en route, accidents or repairs that happen, unloading
of goods and more generally all damages in connection with the performance of the
assignment arise.
Art.
7: Payments
7.1. All invoices are payable in cash at the registered office of our company. Collection
and discounting charges on checks or bills of exchange shall be borne by the client.
7.2. Mere failure to pay invoices by the payment date does of
automatically and without notice of default a conventional interest rate of 1.5% per
month run, by way of compensation for immobilization of the
capital.
7.3. The mere failure to pay the invoice 14 days after the due date renders
by operation of law and without notice, an express lump sum
damages of 20% of the invoice amount claimable, with a minimum of 1,500 francs. This one is
earmarked to cover administrative and other costs.
Art.
8: Disputes
8.1. Notwithstanding anything to the contrary, Belgian law applies to all
our contracts.
8.2. The courts of the district of Brussels have jurisdiction as to
disputes regarding the existence and interpretation and implementation of the
contracts and the collection of invoices.
8.3. However, if parties agree, disputes relating to
contract or any provision hereof, subject to arbitration. The president of
the Brussels Commercial Court will appoint one arbitrator for
insofar as the amount in dispute does not exceed 500,000 francs; for amounts
greater than 500,000 francs in dispute, each party shall, within 14 days of the
prompting by the other party, a self-selected referee. The two
umpires so chosen shall in turn determine a third umpire.
In the absence of agreement in this regard, the third referee shall be
appointed by the President of the Brussels Commercial Court.
