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
(b) Unless otherwise stipulated, the C.M.R. convention shall apply.
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.
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.
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.
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.
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.
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.
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.
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.