1. For all our offers and services, as well as for installations, repairs, maintenance and advice or other contractual services only the following conditions apply. They prevail over any conditions set by the customer. Divergent agreements are only valid if they were confirmed in writing by us.
2. Offers are for informational purposes only and are made without any commitment. Orders must be in writing and are binding only through a written order confirmation by PARADIN BVBA. On offer related documents, such as illustrations, drawings, dimensional and weight data may, under certain circumstances, occur deviations for which PARADIN BVBA can never be held liable.
3. Prices mentioned in the offer are exclusive of taxes, duties or similar levies, now or at any future time applicable according to the law.
4. Any delivery dates mentioned are indicative only and may not give rise to any form of compensation or rescission of the agreement at the expense of PARADIN BVBA when the delivery date is exceeded. PARADIN BVBA will strive as much as possible to meet the promised delivery date.
5. If PARADIN BVBA due to force majeure, strike, lockout, etc., is not able to execute the contract, it reserves the right to terminate or to suspend the agreement, without being liable for any compensation.
6. Delivery costs are included in the price mentioned on the offer. The customer has to ensure that place of delivery is easily accessible with free space. Lost hours and unnecessary trips will be charged to the customer.
7. The customer must check the delivered and installed goods immediately after delivery or installation. Visible defects or defects in conformity which existed at the time of delivery/installation must be reported within 8 days by registered letter, under penalty of inadmissibility. Hidden defects must be reported to PARADIN BVBA by registered letter within 8 days after its discovery, under penalty of inadmissibility and insofar the goods have not yet been processed. The warranty for hidden defects will be cancelled in the event of abnormal use, poor maintenance, modification of the goods by the customer, disassembly or repair by an unqualified person, ... The warranty for hidden defects only includes repair or replacement of defective parts to the exclusion of all other interventions or compensations for direct or indirect damage.
8. A complaint of any kind can never be invoked by the customer as a reason for suspension or deferral of payment.
9. Our invoices are payable on the due date. The failure to pay the amount due on the due date will automatically, without notice of default, lead to a delay interest of 10 %. Any discounts allowed expire in the event of non-payment. Furthermore, irrespective of the indebted delay interests, in the event of late payment a flat-rate compensation equal to 10 % of the invoice amount with a minimum of 50 EUR will be due. Received payments will be charged first on the overdue interests and compensations, then on the principal amount of the first expired invoice.
10. Non-timely payment gives PARADIN BVBA the right to cease further deliveries or services, in order to not further increase customer credit and this without notice on our part. Any non-payment of an invoice by the due date will lead to the acceleration of all due invoices at the expense of the customer. Moreover, PARADIN BVBA has the right to suspend any future deliveries or to dissolve the agreement, without prejudice to any claim for damages.
11. All delivered goods remain property of PARADIN BVBA until all outstanding claims have been settled. The risk, however, is passed onto the customer on conclusion of the agreement. The customer is from the moment of delivery on the site responsible for damage and theft of the goods.
12. PARADIN BVBA retains ownership of all models, brands- and trademarks, patents, drawings and sketches and other intellectual property rights relating to the goods sold.
13. If the customer wishes to cancel the contract unilaterally after signing the agreement, then PARADIN BVBA is entitled either to carry on executing the contract or to claim compensation for all costs that have been made, including those for drafting the specifications, without that the severance payment can be less than 30% of the total amount stated in the contract.
14. PARADIN BVBA reserves the right by law to regard the contract as dissolved in the event of bankruptcy, apparent insolvability as well as any change in the legal situation of the customer.
15. The fact that one or other of the clauses is not used in the present general conditions, cannot be interpreted as relinquishing the present general conditions.
16. The possible invalidity of any or more provisions in the present conditions can under no circumstances result in the invalidity of all the conditions. All other provisions shall remain fully applicable.
17. Belgian law applies to all our contractual relations. In case of disputes of any kind, only the courts of the judicial district of Limburg are authorised to hear the dispute. PARADIN BVBA, however, reserves the right to proceed to summons before the judicial authorities of the district where the customer resides.