Art. 1 Acceptance.
On condition of prior written agreement, the fact that the client has entrusted an assignment to C&S Contractor Safety BV implies that the client accepts all of the sales conditions stated in this document. The general terms of sales that normally occur on the client documentation (order forms, etc.) cannot be voided by C&S Contractor Safety BV.
Art. 2 Offers.
Unless rescinded in advance by C&S Contractor Safety BV, offers are only valid during the period stated in the offers or, if no period is stated explicitly, for 14 days after the date of signature.
Art. 3 Delivery and implementation terms.
All delivery and implementation terms are solely indicative. Should those stated terms be exceeded, no right to compensation will arise. Nor will the client have the right to cancel this agreement or an order
Art. 4 Force majeur
If C&S Contractor Safety BV is prevented by a case of force majeur from fulfilling its obligations to the client, it has the choice of suspending the agreement for the duration of the situation of force majeur or of terminating the agreement without that termination leading to any right of compensation for the client.
Art. 5 Payment.
Unless otherwise agreed in writing, invoices become payable at the registered head office of C&S Contractor Safety BV within 30 days of the invoice date. Failure to pay an invoice on the expiry date will legally result in an interest rate of 9.5% per year on the amount owed with no further notification of default being required. Furthermore, the invoice amount will be increased by a conventional lump-sum compensation amount of 10%, with an absolute minimum of €75
Art. 6 Dissolution.
If the client fails to carry out one or more undertakings, C&S Contractor Safety BV will have the right to demand either the forced execution of the agreement with the application of the current general terms and conditions, or to declare the agreement legally dissolved without further notification of default. In the latter event, the client will continue to be liable for payment for what has already been delivered and implemented with compensation for any damage suffered, with an absolute minimum of 30% of the agreed price (incl. VAT).
Art. 7 Solvency.
C&S Contractor Safety BV retains the right to request a down payment for a delivery or assignment. Notwithstanding the application of the articles above, C&S Contractor Safety BV will also have the right to demand full payment if confidence in the credit-worthiness of the client is damaged, for example, due to a failure to pay an invoice on time, a protested bill of exchange, a request for suspension of payment facilities, a request for court protection from creditors or any other relevant event. In all events, C&S Contractor Safety BV retains the right to all goods that are the property of the client until such time as the applicable invoice is fully paid.
Art. 8 Complaints.
No complaint in respect of services rendered and/or goods will be accepted unless directed in writing and sent registered to C&S Contractor Safety BV within 7 days of the end of the assignment or the invoice date
Art. 9 Review of the agreement.
The applicable legislation, standards or the standards to be applied can change substantially after the agreement has been concluded. Should those changes have an impact on the activities to be carried out by C&S Contractor Safety BV or on prices of those activities, the parties undertake to renegotiate the agreement that has been negotiated.
Failure to reach agreement will lead to the agreement being dissolved in consultation and the client will still be liable to pay C&S Contractor Safety BV for services already rendered and goods delivered.
Art. 10 Appointment of C&S Contractor Safety BV collaborators.
C&S Contractor Safety BV collaborators will be made temporarily available to the client. They have been coached, counseled and trained by C&S Contractor Safety BV. C&S Contractor Safety BV does not allow the client to enter into an employment contract with the C&S Contractor Safety BV collaborator. Should the client disrespect this clause, damages will be claimed to the extent of 50.000 EURO VAT exclusive from the moment that an employment contract is signed without the intervention of C&S Contractor Safety BV. These damages will be unrelated to the estimated duration of the initial contract between the client and C&S Contractor Safety BV. In addition, in case of premature breach of the contract due to the client enter into the described employment contract clause, the client will pay the agreed term, based on the number of months contractually stipulated and according to the formula MV x 40 x GU = VC. (MV= number of months stipulated – GU= hourly rates – VC = damages for breach of contract).
Art. 11 Indemnification.
The client will indemnify C&S Contractor Safety BV from any claims that could be filed against it by third parties and that are the result of the assignment or have any relation thereto.
Art. 12 Reporting.
The reports prepared by C&S Contractor Safety BV, the information contained therein, the resources and the methodologies used may only be used by the client for the specific purpose that they were prepared for. In no event may the client show the reports, information, resources and methodologies used to third parties.
Art. 13 Disputes.
Belgian law applies to the agreement. In the event of a dispute, the courts of the judicial district of Tongeren are solely competent.
