ARTICLE 1 - General

These terms and conditions are deemed irrevocably accepted upon placing an order. If, at the client's request, the invoice is issued in the name of a third party, the purchaser shall remain jointly and severally liable with the third party towards VACAL BV.

ARTICLE 2 – Delivery

Transport of the goods is always at the expense and risk of the buyer, even if transport costs are borne by us. Ownership of the goods remains with VACAL BV until full payment of the principal amount, any associated costs, and interest. However, the risk of loss or destruction of the goods passes fully to the buyer from the moment of sale or commencement of transport. Any delivery times stated are indicative only. 

ARTICLE 3 – Technical service interventions

Technical service interventions carried out by VACAL BV personnel are invoiced per person per hour. Travel costs are calculated based on the province in which the intervention takes place. A fixed rate per province applies, based on the average distance from VACAL BV to locations within that province.

ARTICLE 4 – Cancellation

Orders may be cancelled by the client within 24 hours of placement. Beyond this period, unilateral cancellation by the client will incur a cancellation fee of 15% of the total order amount (with a minimum of €250), plus all demonstrable costs (e.g. work already started or goods already ordered).

ARTICLE 5 – Warranty

Goods are covered by a warranty for up to 24 months from the date of manufacture. This warranty covers defects and/or malfunctions caused by manufacturing faults. Labour and transport costs are not included in the warranty.​

ARTICLE 6 – Payments

Invoices are payable in full without discount on the invoice date or the specified due date, regardless of any dispute. In the event of late payment by a business client, statutory default interest is automatically payable without notice, in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions, plus 1%.

Late payment of a single invoice renders all other outstanding invoices immediately due.

If the invoice is not paid on time, a first reminder will be issued free of charge to the client-consumer. If the client-consumer again fails to pay within the payment term specified on the first reminder, statutory interest will be applied. In addition, a fixed compensation will also be due as follows:

•       €20 if the outstanding balance is €150 or less;

•       €30 plus 10% of the amount owed between €150.01 and €500 if the balance due is between €150.01 and €500;

•       €65 plus 5% of the amount owed above €500, with a maximum of €2,000 if the balance due exceeds €500.

Each subsequent reminder will incur a fee of €7.50 plus postage costs applicable at the time of dispatch.

If a professional client fails to pay after a formal notice, the invoice amount will be automatically increased by a fixed compensation of 10% (minimum €100 per invoice), without the need for a new notice.

Any additional work requested by the client that is not described in the quotation (including changes in scope, delivery, quantity, or services) will be charged either at a fixed rate or on a time and materials basis. VACAL BV will notify the client of this in advance and, in any case, before the work begins.

ARTICLE 7 – Liability

VACAL BV undertakes to perform its services with due care and professionalism expected of a service provider in the sector. VACAL BV is not liable for any damage resulting from errors caused by incorrect or incomplete information provided by the client.

The client confirms that all surfaces where equipment is to be installed are stable, structurally sound, and asbestos-free. VACAL BV accepts no liability for any lack of structural integrity or absence of structural studies, nor for pre-existing or ongoing defects in the building, or for any resulting damage. Advice may be given based on experience, but without any liability.​

In any case, VACAL BV’s liability is limited to the invoice value (excluding VAT) of the work related to the claim, except in cases of gross negligence, intent, fraud, or wilful misconduct. No compensation is due for indirect or consequential damages, business interruption, loss of profit or income. Compensation shall not be payable if the client did not give VACAL BV the opportunity to remedy the issue in kind.

In the case of work carried out by BV VACAL, the Parties shall, in the event of damage and any associated claim for compensation, rely solely on damage that could result from the performance of the agreement. The Parties shall not invoke non-contractual liability and shall address themselves exclusively to the parties to the agreement. In the event of an attributable shortcoming in the performance of the services of BV VACAL, the client may only hold BV VACAL liable, but not the auxiliary persons (any directors, employees, etc.), shareholders, affiliates, agents, and/or appointees of the BV. ​

In their relationship with third parties, the parties shall not invoke non-contractual liability to hold the other party's auxiliary persons liable for the damage caused. For damages caused by subcontractors or auxiliary persons, only contractual liability shall apply between the parties.

Articles 6.3, §1 and §2 of the Belgian Civil Code are excluded to the extent permitted by law.

This clause applies only where the harmful act does not constitute a criminal offence or wilful misconduct.

ARTICLE 8 – Disputes

Only complaints submitted in writing within ten days of delivery will be accepted. In case of a valid complaint, our liability is limited to replacing the delivered goods, with all other claims for compensation being excluded.

Should one or more provisions of these terms and conditions be deemed invalid, this shall not affect the validity of the remaining provisions.

All contracts are governed by Belgian law. Any disputes arising shall be submitted to the courts with jurisdiction over VACAL BV’s registered office at the time the dispute arises.

ARTICLE 9 – Images

By accepting the quotation and/or awarding the contract to BV VACAL, BV VACAL is granted permission to photograph and depict the work it has carried out and the building on which the work is being or has been carried out, and to use the photographs and images for the purpose of providing references and advertising BV VACAL.