GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 - GENERAL
1.1 All Atelier De Knock's offers, quotes, purchase orders and invoices, and all agreements between Atelier De Knock and the Buyer are governed exclusively by these General terms and conditions, unless Atelier De Knock has expressly agreed in writing to any deviating provisions or General terms and conditions of the Buyer or third parties.
1.2 By signing a quote, an order form, an agreement or a similar document, or by submitting the invoice on which these General terms and conditions are specified or enclosed with an indication of the applicability of these General terms and conditions, the Buyer acknowledges to have taken note of these General terms and conditions and accepts their applicability without any reservation.
1.3 Subsequent deliveries and/or services relating to previous orders remain fully subject to these General terms and conditions.
- .4 The possible nullity or invalidity of one or more (parts of) provisions of these General terms and conditions shall not imply the nullity or invalidity of the other (parts of these) provisions or of the agreement.
Article 2 - definitions
- .1 Atelier De Knock: Jonas De Knock, having its registered office established at 8520 Kuurne, Handboogstraat 14 and registered in the CBE with no. 0688 678 026.
- Products: materials, installations, components and accessories delivered by Atelier De Knock.
2.3 Buyer: any (legal) entity who wishes to enter into an agreement with Atelier De Knock regarding the purchase of a Product or Products or has entered into an agreement with the exception of a consumer in accordance with book I, title 1 article 1 1 2° of the Economic Law Code.
Article 3 - Conclusion of the agreement
Any price indication, offer or quote, in any form whatsoever, is entirely without obligation. Orders based on price indications, offers or quotes will only be binding for Atelier De Knock after Atelier De Knock accepts these orders and notifies the Buyer of this acceptance in writing. In other words, the agreement is only reached when Atelier De Knock sends the order confirmation. Cancellation by the Buyer is not possible, or at least this will not affect the obligation to pay the full price
Article 4 - Price and terms of payment.
4.1 Products are sold at the Price specified in the order confirmation. There is no discount on the specified Price in case of cash payment.
4.2 Prices do not contain the packaging and transport costs which are charged separately.
4.3 VAT and/or similar value added tax, import duties or any other tax payable in the Buyer's country are not included in the Price and are payable by the Buyer.
4.4 Obvious calculation errors in the quoted prices can be corrected by Atelier De Knock at any time.
4.5 All invoices are payable in cash at the registered office of Atelier De Knock at Kuurne, unless otherwise agreed.
4.6 In the event of non-payment on the due date of the invoice, the Buyer, by operation of law and without notice of default, shall owe Atelier De Knock conventional damages of 10% of the relevant invoice amount with a minimum of 75 euros, as well as conventional interest at the rate specified in the Act of 2 August 2002 on combatting late payment in commercial transactions.
- .7 Non-payment, late or incomplete payment of one or more invoices of Atelier De Knock by the Buyer, may give rise to the suspension or termination of the agreement at Atelier De Knock's discretion.
Article 5 - delivery and terms of delivery.
5.1 The risk is transferred to the Buyer from the moment of delivery. From that moment, the Buyer bears the risk of loss, theft and partial or total destruction of the Products. The ownership of the products is only transferred from the full payment of the Price by the Buyer.
5.2 The orders are delivered to the delivery address as specified by the Buyer. All Products are delivered, sent and/or transported at the Buyer's risk and expense.
5.3 The agreed terms of delivery are only indicative. Although we always try to meet the terms of delivery as much as possible, Atelier De Knock is never liable for the consequences of exceeding them.
- .4 Exceeding the terms of delivery does not entitle the Buyer to cancel the agreement in whole or in part or to refuse the Products. Exceeding the terms of delivery does not entitle the Buyer either to demand damages or to postpone or refuse payment of the Products.
Article 6 - Non-conformity of delivery, protests and warranty
- .1 On delivery the Buyer must inspect the Products.
6.2 All delivered Products shall be deemed to have been accepted by the Buyer from the time of delivery, subject to protest as specified below.
6.3 If the delivery does not correspond with what is specified on the delivery bill or the delivery shows visible defects, the Buyer is obliged (1) to immediately notify the carrier and to have it specified on the delivery document of the latter and (2) without delay and at the latest within a period of three working days after receipt, to notify the identified defects, objections and/or non-conformity to Atelier De Knock. Atelier De Knock's liability for any hidden defects in Products delivered by Atelier De Knock is limited to defects that manifest themselves within twelve days after delivery of the goods. Any hidden defects must in any case, at the risk of forfeiting all rights of recourse, be reported immediately and no later than within three working days by the Buyer to Atelier De Knock. This report must contain a detailed description of the defect.
6.4 On pain of inadmissibility, all protests must be by registered mail or by e-mail with confirmation of receipt.
6.5 Complaints due to hidden defects do not suspend the Buyer's payment obligation.
6.6 If the delivered Products are defective and all aforementioned terms and procedural requirements were observed, Atelier De Knock shall repair or have the defective item repaired, or replaced with a non-defective product, or credit the amount corresponding with the complaint to the Buyer, entirely at Atelier De Knock's discretion.
6.7 Atelier De Knock is not liable for damage caused both by a defect in the Product(s) and by the fault of the victim or a person for whom the victim is responsible.
6.8 Atelier De Knock solely accepts liability within the constraints of the provisions of this article if the foundations and structures on, or to, which the Products need to be built or attached were made according to best practice and in accordance with the applicable regulations by the Buyer.
Natural wear and tear or natural use, as well as all repairs required as a result of abnormally incorrect use of the Products of any kind or as a result of improper installation or insufficient maintenance, including if the installation or maintenance is not carried out in accordance with the instructions of Atelier De Knock or if specific technical instructions are not followed are in any case excluded from the warranty obligation.
All repairs required as a result of accident, theft or attempted theft, fire damage, deliberate damage, lightning damage, short circuit and in general by external causes also fall outside the warranty obligation. A defect to the Products caused by the instructions, materials, goods and other services provided and assembled by the Buyer or third parties falls outside Atelier De Knock's warranty obligations. If the buyer carries out any repairs or has them carried out by third parties during the warranty period without Atelier De Knock's prior consent, or fails to meet the payment obligations, Atelier De Knock's warranty obligation immediately expires.
- .9 By the expiry of the warranty period of twelve months, Atelier De Knock is released from any obligation to indemnify and any liability, including those for minor or serious hidden defects and all other obligations vis-a-vis the Buyer, except for any defects notified before the expiry of said terms.
Article 7 - Force majeure
- .1 If the execution of the purchase agreement becomes impossible for the Buyer and this beyond his control and for reasons other than those provided under Article 4, Atelier De Knock is entitled to payment of the part of the selling price that corresponds with the Products already delivered as well as the expenses for purchases, manufacture and execution and all expenses incurred in this context with regard to suppliers or co-contractors, as well as the lost gross profit.
7.2 In case of force majeure or a special circumstance as defined below, Atelier De Knock has the right to not execute the agreement in whole or in part, to terminate the agreement without recourse to the courts or to postpone its execution, without being liable to pay any compensation to the Buyer, nor due to any loss, direct or indirect damage suffered by the Buyer or otherwise.
Special circumstances include (non-exhaustive list): strike, lock-out, war, acts of terrorism, an act or non-performance of the government, extreme weather conditions, fire, explosions, flooding, etc. at Atelier De Knock or one of its suppliers, as well as any act or negligence of a person or entity beyond reasonable control. Force majeure does not discharge the Buyer from the obligation of full payment of all Products already delivered at the time the force majeure starts.
Article 8 - privacy
By placing an order, the Buyer agrees that Atelier De Knock processes the Buyer's personal data for the execution of the agreement with the Buyer and for marketing purposes. The Buyer is entitled to view these data and have them changed if they are incorrect. The Buyer can object to the processing of personal data for direct marketing purposes. Written contact with Atelier De Knock suffices for this.
Article 9 - amendment of the general terms and conditions
Atelier De Knock can amend these General terms and conditions at any time, among others to comply with legal obligations. The new General terms and conditions only apply to the sales generated after the amendment thereof.
Article 10 – Disputes
Any dispute relating to the purchase of Products and the underlying General terms and conditions is subject to Belgian law. In the event of a dispute, the Courts of West-Vlaanderen, section Kortrijk or the Commercial Court of Ghent, section Kortrijk shall have exclusive jurisdiction, unless another court is mandatory by law.
Atelier De Knock