TERRAZZA MC N.V.
GENERAL TERMS AND CONDITIONS OF SALE
Art. 1: Applicable general terms and conditions
1.1. These general terms and conditions are applicable to all legal relationships with TERRAZZA MC N.V., registered under VAT number BE0882.062.570
Only these general terms and conditions shall apply to all offers made by us, all agreements concluded with us for the sale of goods and/or performance of services, as well as the implementation of those agreements, and to all other commitments with us. The applicability of any conditions used by the other party, by whatever name, is hereby expressly rejected.
1.2. Deviations from these general terms and conditions are only applicable in the event that these have been expressly agreed in writing.
Art. 2: Payment
2.1. Except where otherwise specified, all our invoices are payable at the registered office of our company. Objections to the amount of the invoices do not suspend the payment obligation.
2.2. Payment of invoices sent by us by mail, by email, or at the time of delivery, for services and/or goods provided are payable within 30 days of invoice date
2.3. In the event of non-payment of the invoices by the due date, automatically and without further warning there shall be a conventional default interest of 1% per month as from the invoice date, unless the statutory interest is higher, in which case the statutory interest rate shall apply. The interest on the amount due shall be calculated from the moment of default until the moment of settlement of the full amount.
2.4. In the event of default of failure to pay the invoice within 30 days after the due date, there will also be a fixed compensation owing of 10% of the invoice amount with a minimum of 250.00 EURO, from the date of notice until the full payment.
2.5. Furthermore, TERRAZZA MC N.V. reserves the right to suspend further implementation of its commitments until the customer has paid the overdue invoices. Any delay in payment by the customer makes all sums due immediately payable.
Art. 3: Complaints – protest of the invoice
3.1. Any protest regarding these terms and conditions of sale, the invoices or deliveries from TERRAZZA MC N.V. must, in order to be made valid, be justified by registered letter communicated within 10 days from receipt of the invoice. Such a letter must contain as detailed a description as possible so that TERRAZZA MC N.V. may respond appropriately. The invoice shall be deemed to have been received on the first normal working day following the date indicated on it. In the absence of timely protest, the services/invoices are definitively accepted and payment is due.
Art. 4: Retention of title
4.1. All goods delivered remain the property of TERRAZZA MC N.V. until all obligations under this or related transactions are paid in full, even if they are processed, used, consumed or are incorporated in other goods. The customer is therefore prohibited to sell, lease, pledge, process, incorporate or in any other way alienate or encumber the goods, until full payment of the invoice, subject to an agreement to the contrary with TERRAZZA MC N.V. In this case, the customer, following the performance of the action in question transfers all debts arising from the action in question to TERRAZZA MC N.V.
4.2. Notwithstanding the foregoing, the risk of loss or destruction of the goods sold will be integrally born by the other party and this as from the moment that the goods are delivered to them. Until the full payment has taken place, the other party is obliged to insure the goods against fire hazard and other risks to be insured and to store them with the necessary care and identifiability.
4.3. The other party undertakes to make the unpaid goods available to us on first request and already now grants authorisation to the person designated by us to then enter the space and then take the goods with them.
Art. 5: Offers
5.1. All offers are entirely without obligation. When the price quotations relate to matters that are the subject of public tenders, our prices only remain valid to the extent that the contractor enters into the commitment to transfer the order to us within 8 days following the invitation to tender, subject to the approval of the tender.
5.2. The prices mentioned in the offer are exclusive of VAT and other government levies, as well as any under other expenses to be incurred in the context of the agreement, including shipping and administrative costs, unless otherwise stated in
the offer. Clear errors in the quote such as evident inaccuracies, can also be corrected following conclusion of the contract by TERRAZZA MC N.V. All quotes of TERRAZZA MC N.V. are free of obligations. TERRAZZA MC N.V can change the prices at any time without prior notification.
Art. 6: Cancellation
6.1 In the event of cancellation of an order, the buyer must, on the grounds of loss of profits, pay a compensation of 15% of the amount of the order, with a minimum of € 250.00, notwithstanding the right of TERRAZZA MC N.V. to recover the actual additional damages from the buyer.
Art. 7: Risk
Unless otherwise agreed, goods sold always travel at risk of the seller. Any loss must be notified by written notification within 3 days of becoming aware of such.
Art. 8: Delivery
8.1 The delivery periods are indicated only for information purposes and are not binding on TERRAZZA MC N.V. TERRAZZA MC N.V cannot be held responsible for cases of accident or force majeure. In these last cases, no order may be cancelled by virtue of a late delivery.
8.2. TERRAZZA MC N.V. has the right to make partial deliveries. Delay in delivery does not entitle the customer to compensation or price reduction or to rescind the contract or suspend any obligation to the customer. In the event of non-delivery of the goods, any sums possibly paid by the customer are reimbursed without interest or damages.
Art. 9: Liability
9.1 TERRAZZA MC N.V. undertakes to perform all services to be provided with care. TERRAZZA MC N.V is not liable for errors in execution due to insufficient or incorrect input by the customer.
9.2. TERRAZZA MC N.V. may not be held liable for any error (even gross negligence) of it or its employees, except in case of fraud. TERRAZZA MC N.V. shall not, whatever the cause, the form or subject matter of the action in which the liability is invoked, be held liable under any circumstances for any consequential damages such as loss of anticipated profits, decrease in turnover, increased operating costs, loss of clientele, which the customer or third parties might suffer as a result of any error or negligence of TERRAZZA MC N.V. or agent.
9.3 The liability of TERRAZZA MC N.V. regarding the services provided to the customer is in any case limited to either the reimbursement of the price paid by the customer, or the need to perform the services again, at the discretion of TERRAZZA MC N.V.. The total liability of TERRAZZA MC N.V. shall never exceed the price paid by the customer to TERRAZZA MC N.V. for the services that gave rise to the loss.
Art. 10. Guarantee
All the goods produced by TERRAZZA MC N.V. are subject to a 1 year guarantee. The goods not produced by TERRAZZA MC N.V. are subject to the manufacturer’s guarantee.
10.1 Every product is subject to a 1 year guarantee from the date of delivery to the first owner. To make appeal to the guarantee, the customer must be able to present proof of purchase. Any defect must be reported within 1 month of its adoption. Afterwards, the right to repair or replacement relapses. The guarantee never applies to defects arising as a result of accidents, neglect, falls, abnormal or incorrect use, use of the article in violation of the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or changes to the article, crackdown or poor maintenance. Nor does it apply to consumables and wear items.
Defects that manifest themselves after a period of 6 months following the date of delivery are deemed to be no hidden defects, unless the customer proves otherwise. The guarantee is not transferable.
10.2 For goods not produced or manufactured by TERRAZZA MC N.V., the manufacturer’s guarantee applies.
Art. 11: Intellectual property
11.1 TERRAZZA MC N.V retains all intellectual property rights and derivative rights. Content, images, logos, drawings ,photographs, data, product names, texts, etc., on the website and other printed works of TERRAZZA MC N.V. are protected by copyright and other intellectual property rights or treaties
11.2 The customer can, however, upon simple request by mail via info@terrazzamc.be , receive photos, texts, videos, etc. that he/she can use for marketing purposes.
Art. 12: Personal data
12.1 When products are purchased, the customer explicitly agrees that his/her personal data can be used for administrative purposes, such as creating and updating a customer database, updating orders, shipments and invoices and checking solvency.
The information specified by the customer is necessary to process and complete the orders and the invoicing. TERRAZZA MC N.V. shall never transfer these personal data to third parties, unless explicitly requested by the legal authorities or when it is required by law to do so.
12. 2 The customer has the right to view, change or remove his or her personal details. This is possible upon simple request via info@terrazzamc.be.
Art. 13: Force majeure
13.1 Force majeure shall mean any circumstance of which (further performance of) the agreement cannot reasonably be required. This includes, in any case but not exclusively, data loss due to computer failure, virus infection, machinery breakdown, strikes, public unrest, natural disasters, terrorist attacks, political and administrative measures and other unexpected events that prevent or restrict the business operations.
13.2 Force Majeure situations and all measures over which TERRAZZA MC N.V. has no control, relieve TERRAZZA MC N.V for the duration of the disruption and for their scope of its commitments, without any right to price reduction or compensation for damages for the customer
Art. 14: Nullity
In the event that any provision of these general terms and conditions is invalid, the remaining provisions shall remain in full force and TERRAZZA MC N.V. and the customer shall replace the invalid provision by another provision that approaches the purpose and intent of the invalid provision as closely as possible.
Art. 15: Availability of the general terms and conditions
The general terms and conditions are available for consultation at the offices of Terrazza MC in Kruisem or can be transferred digitally upon simple request via info@terrazzamc.be and can also be consulted via the website www.terrazzamc.be.
Art. 16: Regulations on disputes and applicable law
12.1 The district courts of Ghent have jurisdiction over all disputes or claims arising from the purchase agreement concluded with TERRAZZA MC N.V.
12.2 Any purchase agreement entered into with TERRAZZA MC N.V is governed by Belgian Law.
