ARTIKEL 1 - General

The following terms and conditions are irrevocably accepted upon ordering. If, at the request of the client, the invoice is issued in the name of a third party, the purchaser remains jointly and severally liable with the third party towards BV VACAL.

ARTIKEL 2 – Delivery

The transport of the goods is always at the expense and risk of the buyer, even if the transport costs are borne by us. Nevertheless, the goods 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 customer from the moment of sale of the goods or the commencement of transport. The delivery times indicated are only indicative. 

ARTIKEL 3 – Technical service intervention

The intervention for technical interventions by BV VACAL staff is invoiced per hour per person. Travel costs are calculated based on the province in which the intervention address is located. A fixed rate applies to each province, based on the average distance between BV VACAL and locations within that province.

ARTIKEL 4 – Cancellation

Cancellation of an order is possible up to 24 hours after placing the order. After this period, unilateral cancellation of an order by the client will result in a termination fee of 15% of the total order, with a minimum of €250, plus all demonstrable costs (such as work already commenced or goods already ordered).

ARTIKEL 5 – Warranty

The warranty on the goods is valid for a maximum of 24 months from the date of manufacture. The warranty covers any malfunctions and/or defects attributable to manufacturing faults. The warranty does not cover labor costs or transport costs.

ARTIKEL 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 the invoice, a professional client shall automatically and without notice of default owe conventional default interest equal to the interest rate based on the Act of August 2, 2002, on combating late payment in commercial transactions, increased by 1%. ​

Delay in payment of a single invoice renders all other invoices immediately due and payable.

If the invoice is not paid on time, a first free reminder will be sent to the client-consumer. If the client-consumer again fails to pay within the payment term specified on the first reminder, default interest will be charged at the statutory interest rate. In addition, a fixed 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 in the bracket between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;

•        65 euros plus 5% of the amount owed on the portion above 500 euros, with a maximum of 2,000 euros if the balance owed is higher than 500 euros.

The reminder fee for each additional reminder is €7.50 plus the postage costs applicable at the time of dispatch.

If no payment is made after a notice of default has been issued, the invoice amount will automatically be increased due to non-payment in the case of a professional client, without a new notice of default being necessary. 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 time and materials basis or at a fixed price. In the absence of a fixed price, the charge will be on a time and materials basis. BV VACAL will inform the client of this as soon as possible and in any case before commencing the work.

ARTIKEL 7 – Liability

BV VACAL will perform its work to the best of its ability and with the care that can be expected from a professional service provider in the sector. If an error is made because the client has provided BV VACAL with incorrect or incomplete information, BV VACAL will not be liable for any damage resulting from this.

When installing equipment, the client confirms that the surfaces are sufficiently stable and sound to support the equipment and that they are free of asbestos. BV VACAL can never be held responsible for any lack of stability or lack of stability studies, or for any existing or continued defects in the construction, etc., or for any damage resulting therefrom. BV VACAL can advise the client based on experience, but excludes any liability. ​

In any event, liability shall 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, business damage, loss of profit, or loss of income is excluded. Damage shall in no way give rise to any form of compensation insofar as BV VACAL was not given the opportunity by the client to offer compensation 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 damage caused by auxiliary persons or co-contractors, the parties shall only invoke contractual liability towards 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 harmful act does not constitute a criminal offense or intentional fault.

ARTIKEL 8 – Disputes

Only complaints made in writing within ten days of delivery can be accepted, on pain of nullity. In the event of a complaint recognized by us, our responsibility is limited to the possible replacement of the goods delivered, to the exclusion of any other compensation.

The possible invalidity of one or more provisions in these general terms and conditions does not affect the validity of the other provisions, which remain fully applicable.

All our agreements are governed by Belgian law. Any disputes arising in connection with this agreement shall be settled by the courts having jurisdiction over the registered office of BV VACAL at the time the dispute arises.

ARTIKEL 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.