Algemene verkoopsvoorwaarden BV VACAL (O.N. 0457.052.221) - versie 2025
CLAUSE 1 - GENERAL
The following terms and conditions are accepted as irrevocable when ordered. If, at the request of the client, the invoice is issued in the name of a third party, the ordering party shall remain jointly and severally liable with the third party vis-à-vis BV VACAL.
CLAUSE 2 – DELIVERY
The transport of the goods shall always be at the expense and risk of the purchaser, even if the transport costs are at our expense. nevertheless, the goods shall remain the property of BV VACAL until full payment of the principal, costs and interest. Nevertheless, the risks of loss or destruction of the goods sold shall be borne in full by the client from the moment of sale of the goods or the commencement of transport. The delivery times indicated are only indicative.
CLAUSE 3 – INTERVENTION TECHNICAL SERVICE
Intervention for technical interventions by BV VACAL personnel is billed per hour per person. Travel costs are calculated based on the province in which the intervention address is located. There is a flat rate for each province, based on the average distance between BV VACAL and locations within that province.
CLAUSE 4 – CANCELLATION
Cancellation of an order by is possible up to 24h after order. After this period, the unilateral cancellation of an order by the client gives rise to a cancellation fee of 15% of the total order, with a minimum of €250, to be increased with all demonstrable costs (such as work already started or goods already ordered).
CLAUSE 5 – WARRANTY
The warranty on the goods is up to 24 months from date of manufacture. The warranty covers any malfunctions and/or defects due to manufacturing defects. The warranty does not cover labor or transportation costs.
CLAUSE 6 – PAYMENTS
An invoice is payable in cash without discount on its date or on the due date indicated on the invoice, regardless of any protest against the invoice. In the event of late payment of an invoice, a professional client shall automatically and without notice be liable for conventional late payment interest equal to the interest rate based on the Law of 2/8/2002 on combating late payment in commercial transactions, increased by 1%.
Delay in payment of a single invoice makes all other invoices immediately due and payable.
If the invoice is not paid on time, a client-consumer will be sent a first reminder free of charge. If the principal-consumer again fails to pay within the stipulated payment term as stated on the first reminder, interest on arrears will be charged equal to the legal interest rate. In addition, a lump sum compensation will also be due as follows:
• 20 euros if the balance due is less than or equal to 150 euros;
• 30 euros plus 10% of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
• 65 euros plus 5% of the amount due on the tranche above 500 euros with a maximum of 2000 euros if the balance due exceeds 500 euros.
The reminder fee for each additional reminder is €7.50 plus the postage costs applicable at the time of sending.
If no payment follows after notice of default, in the case of a professional client, the invoice amount will be automatically increased for non-payment without the need for a new notice of default. To cover the extrajudicial collection costs, a fixed compensation of 10% with a minimum of 100 euros per invoice will be due.
Additional work, being any action, delivery, work or change in quantities not described in the quotation, at the request of the client will be charged on a cost-plus basis or at a fixed price. In the absence of a fixed price, the costing shall be on a cost-plus basis. BV VACAL shall inform the principal as soon as possible and in any event before commencement of the work.
ARTICLE 7 - LIABILITY
BV VACAL will perform its work to the best of its ability, exercising the care that can be expected of a professional service provider in the sector. If an error is made because the client has provided BV VACAL with inaccurate or incomplete information, BV VACAL shall not be liable for any resulting loss.
When installing installations, the client confirms that the surfaces are sufficiently stable and sound to support the installation, as well as that they are free of asbestos. BV VACAL can never be responsible for any lack of stability or lack of stability study, or for any existing or continued defect in construction, etc. or any damage resulting from it. BV VACAL can, however, advise the client on the basis of experience, to the exclusion of any liability.
Any liability shall in any event be limited to the invoice value of the invoice to which the claim relates, excluding VAT, except in the event of gross negligence, intent, fraud or deceit on the part of BV VACAL. Any compensation for indirect or consequential damage, and for trading losses, loss of profit or loss of income is excluded. Damages can in no way result in any form of compensation insofar as BV VACAL was not given the opportunity by the client to offer compensation in kind.
For works performed by BV VACAL, in the event of any damage and related claim for compensation, the Parties shall rely solely on damage that could result from the performance of the agreement. The parties shall not invoke extra-contractual liability and shall address themselves exclusively to the parties to the agreement. In the event of an attributable failure in the performance of BV VACAL's services, the client may hold BV VACAL exclusively liable, but not its auxiliary persons (any directors, employees, etc.), shareholders, affiliates, mandataries and/or appointees.
In their relationship with third parties, the parties shall not use extra-contractual liability to sue auxiliaries of their counterparty for damages caused. For damages caused by auxiliary persons or co-contractors, the parties will rely solely on contractual liability to each other.
Article 6.3, §1 and §2 of the Civil Code are thus excluded, to the extent permitted by law.
This article applies only insofar as the injurious act does not constitute a crime or intentional fault.
CLAUSE 8 – DISCLOSURES
Only complaints made in writing within ten days of delivery can be accepted under penalty of nullity. In the event of a complaint recognized by us, our responsibility is limited to the possible replacement of the delivered goods, to the exclusion of any other compensation.
The possible nullity of one or more clauses in these general terms and conditions, does not affect the validity of the remaining clauses, which remain fully applicable.
All our agreements are governed by Belgian law. Any disputes arising under this agreement shall be settled by the courts having jurisdiction over the registered office of BV VACAL at the time the dispute arises.
CLAUSE 9 – PICTURES
By accepting the quotation and/or granting the order to BV VACAL, permission is granted to BV VACAL to photograph and depict the work it is carrying out and the building on which the work is or has been carried out, and to use the photographs and images for the purpose of indicating references and conducting publicity for BV VACAL.