Only these terms and conditions govern the contractual relationship between Coverton and the customer, who acknowledges that he accepts them when the order is issued. Suppose an express preference is given in writing for a deviation from these terms and conditions or a special agreement. In that case, these terms and conditions will at least continue to apply in an additional manner.
- Quotations are made subject to all conditions and are without obligation on the part of Coverton. Quotations are only valid for the time stated in the quotation, in principle 30 days after preparation. Orders, contracts or other agreements are only valid if they have been confirmed in writing by an authorised representative of Coverton. Only the directors of Coverton are authorised to bind Coverton.
- The signatory of an order form for the customer undertakes to act in solidarity with the legal entity in whose name he is acting.
- Any cancellation of the agreement by the customer must be done by registered letter. It is only valid with the express acceptance of it by Coverton. In the event of acceptance of the cancellation, the customer will owe, in addition to the compensation for the services already provided, a lump sum compensation of 25% of the price of the order or contract, unless Coverton proves a higher damage.
- It is agreed between the parties that, contrary to the Belgian Civil Code, the client has no right to unilaterally terminate the agreement in the event of contracting for works (services).
- Coverton takes the necessary care in performing the tasks entrusted to it and is only obliged to perform to the best of its ability. The delivery and/or execution periods are provided by way of information only and are therefore not binding on Coverton, unless expressly agreed otherwise between the parties. However, delay in delivery and/or execution can never be grounds for a penalty, compensation, dissolution of the agreement or refusal to take delivery of the product.
- At each stage of the execution of the agreement, the client shall provide Coverton with all information deemed necessary for the execution of the agreement in a timely manner. If this required information is not provided to Coverton in time, Coverton has the right to suspend the execution of the agreement and/or to invoice the customer for the additional costs resulting from the delay.
- Partial deliveries and/or executions are permitted. Coverton reserves the right to invoice these partial deliveries and/or executions as the work progresses.
- The contract was concluded at the prices stated on the order form and the method of payment provided therein, except in the case of mutually agreed deviations from the original offer confirmed by Coverton. However, the price can be increased if, between the period of entering into the agreement and/or the order form and the date of delivery of services, wages or other elements that may influence the price (including tax rates, social security contributions, etc.) undergo an increase.
- All prices are excluding VAT and other costs (insurance, etc.), unless explicitly provided otherwise. VAT is borne by the customer.
- Coverton’s invoices are payable in cash at the registered office, unless otherwise stipulated in writing.
- Any invoice, the amount of which has not been settled or has not been fully settled on the due date, will be increased by operation of law by a fixed and irreducible compensation, equal to 10% of the amount due, with a minimum of € 100.00, without the need for a notice of default. In addition, default interest equal to the statutory interest rate by the Act of August 2nd 2002, on combating late payment in commercial transactions is due by operation of law, without the need for a prior notice of default. Each month started is considered a full month. Partial payments will first be used to cover costs, interest and damages and then deducted from the principal balances.
- In the event of non-compliance with the agreed payment terms, all outstanding invoices and/or debts become immediately due and payable and Coverton has the right, without any notice of default or judicial intervention, to suspend further deliveries and/or services or to consider the agreement as dissolved without prejudice to its claim for compensation.
- Without prejudice to the provisions of Article 7, in the event of a dispute, the customer must protest Coverton’s invoices by registered letter within 8 calendar days of receipt thereof, under penalty of forfeiture.
If Coverton is unable to execute the order due to force majeure, including accidents, war, strikes, lock-outs, revolts, supplier delays, lack of transport equipment, etc., Coverton has the right to terminate the contract without any further compensation to the customer.
- All complaints in connection with the services provided must, if the defects are visible, be reported within 8 calendar days after the final delivery of the products by means of a registered letter, under penalty of forfeiture. Invisible defects must be reported by registered letter within 8 calendar days of their discovery, under penalty of forfeiture.
- In the event that defects occur and are reported in a timely manner, Coverton has the choice of repairing the defects in accordance with the order form or paying compensation for them.
- The damages to which Coverton may be liable on the basis of this agreement, whatever the cause, nature or object of the claim, shall not exceed 20% of the invoiced value of the order form. In the event that the customer believes that he is entitled to such compensation, he must prove the defects and his damage in an undeniable manner. He is not allowed to withhold or postpone payment of outstanding invoices.
- However, Coverton cannot be held liable for consequential damage and/or any indirect damage, including loss of use and profit.
- The customer only becomes the owner of or acquires the right to use the services provided from the moment that he has fulfilled all his obligations towards Coverton.
- The documents provided to the customer before or after the conclusion of the agreement are protected by copyright and remain the property of Coverton. They may not be used, copied, reproduced, transmitted to or brought to the attention of third parties by the customer without the latter’s consent. Any software and the source code are also protected by copyright and remain the property of Coverton. They may not be copied or transmitted by the customer without the latter’s consent.
- Coverton is at all times entitled to refer to the services and/or products provided as a reference for promotional purposes, stating the identity details of the customer, unless expressly agreed otherwise.
In the event of unforeseen circumstances, Coverton is entitled to make changes to the agreement and/or to the stipulated price.
- These general terms and conditions of sale are without prejudice to the exercise by Coverton of all other legal or contractual rights to which it is entitled.
- The customer is prohibited from assigning its rights and obligations under the agreement concluded with Coverton without the prior written consent of Coverton. Any unauthorised transfer will be null and void by operation of law.
- Any failure by Coverton to demand the execution of the provisions of these general terms and conditions of sale shall not imply a waiver or waiver of the application of this or any other provision.
- The invalidity of one or more provisions of these general terms and conditions of sale shall not affect the application of the other provisions.
- In the relationship between Coverton and the customer, only Belgian law applies. Any dispute will be submitted by Coverton to a conciliation body of its choice or to the courts of Hasselt, without prejudice to Coverton’s right to take legal action before the courts of the client’s jurisdiction.
- All costs related to the recovery by judicial means, including fees, will be borne by the client.
Do not hesitate to contact us if you have any questions about this topic.