General Terms and Conditions of Sale
MVB The Art Of Wiring nv is a limited company under Belgian law, with registered office at 2290 Vorselaar, Della Faillelaan 20, and registered in the Crossroads Bank for Enterprises with company number 0461.778.693 (hereinafter MVB The Art Of Wiring nv mentioned). It is a company specialized in installing electrical installations and structured data networks. The customer can be any natural or legal person who is in a contractual relationship of any kind with MVB The Art Of Wiring nv comes within the framework of his or her trade, business, craft or professional activity (hereinafter the Customer mentioned).
1. Scope
Without prejudice to the application of any special terms contained in a separate written agreement, these terms apply to all agreements entered into between MVB The Art Of Wiring nv and the Customer.
The Customer is deemed to have read these general terms and conditions and to accept them by the mere fact of his order.
MVB The Art Of Wiring nv reserves the right to change the terms and conditions at any time in line with economic and legal needs. The application of the general terms and conditions of MVB The Art Of Wiring nv excludes the application of any other (general or special) terms and conditions of the Customer.
2. Agreement
Unless otherwise stated in writing, the offers of MVB The Art Of Wiring nv that it addresses to Customers for information purposes and does not bind her as such.
Each order transferred binds but binds the Customer MVB The Art Of Wiring nv only after written confirmation.
All offers from MVB The Art Of Wiring nv are created based on the Customer's data.
Any change in information may result in a review of the terms and conditions as included in the offer.
Between MVB The Art Of Wiring nv and the Customer only enters into an agreement after either:
- (i) the signing of the offer by both parties within the stated period of validity of the offer, or
- (ii) the written confirmation of an order by MVB The Art Of Wiring nv.
MVB The Art Of Wiring nv is entitled to demand payment of an advance of the agreed price, as specified in the offers or otherwise, in which case an agreement will only be concluded after full payment.
3. Price
Unless the parties agree on a different compensation arrangement in writing, MVB The Art Of Wiring nv deliver the goods and/or services at the price specified in the confirmed offer or confirmed order between MVB The Art Of Wiring nv and the Customer has agreed.
MVB The Art Of Wiring nv reserves the right to adjust prices if, between the time of the conclusion of the agreement and the time of its execution, the costs have demonstrably increased as a result of the change in one or more of the cost-determining factors (including, but not limited to, energy prices and wage costs) or as a result of measures taken by own or foreign governments.
MVB The Art Of Wiring nv reserves the right to adjust cable prices linked to the daily rate of copper prices and HDPE prices adjustable on the day of approval of the offer and/or approval of the order form.
The prices do not include VAT and the costs associated with the intervention of third parties, such as but not limited to transport costs.
4. Invoicing
MVB The Art Of Wiring nv reserves the right and the option to invoice electronically.
5. Payments
Unless otherwise agreed in writing, any invoiced amount is payable in cash within 14 (fourteen) days.
MVB The Art Of Wiring nv Contrary to the previous payment term, expressly reserves the right to require direct payments from the Customer before executing the agreement.
Complaints regarding an invoice are only admissible if the Customer MVB The Art Of Wiring nv notifies you in writing and in detail within 10 (ten) calendar days from the date of issue of the invoice, without such notice of any acknowledgement due to MVB The Art Of Wiring nv of its contents would mean. In the absence of such notice, the invoice will be considered accepted by the Customer without reservation.
If one invoice is not paid by the due date, all invoices that have not expired become due immediately, by operation of law and without prior notice of default. In that case, keep MVB The Art Of Wiring nv also reserves the right to suspend the execution of all current agreements, also without prior notice of default and without compensation.
Any amount not paid by the due date will incur an interest of 10% per annum from the due date of the invoice, by operation of law and without notice of default. In addition, any amount not paid by the due date will be increased by a fixed compensation of 10% of the unpaid amount, including VAT, with a minimum of EUR 125, by operation of law and without notice of default.
A payment will first be attributed to the interest and fixed compensation due and then to the due and payable invoices that have been due for the longest period of time.
The above provisions do not waive our right, in the event of default, to claim the termination of the agreement with compensation.
6. Deliveries
Unless otherwise specified, transport costs are borne by the Customer. Any additional costs or taxes imposed by governments will be charged to the Customer.
The delivery terms specified by us are indicative but never binding. Delay in delivery will never give rise to compensation or the right to enter into the agreement with MVB The Art Of Wiring nv to terminate.
Whatever the shipping method, the goods are always transported at the recipient's risk, even if they are shipped free of charge. The Customer must check the goods immediately upon delivery.
Any visible defects must be submitted in writing as soon as possible and at the latest within 5 calendar days after delivery MVB The Art Of Wiring nv to be reported. A complaint does not result in a suspension of the payment period.
7. Property law
The delivered goods remain the property of MVB The Art Of Wiring nv until after full payment of principal, costs and any interest.
In the event of incomplete payment by the Customer, we reserve the right, at that Customer's expense, to retrieve the goods concerned at any time without the right to compensation from the Customer.
In the event that the defaulting Customer goes bankrupt, requests the application of the Business Continuity Act, or ceases its activities in any other way, retains MVB The Art Of Wiring nv the right to claim the goods sold by means of a simple request addressed to the person holding the goods in question.
8. Liability
MVB The Art Of Wiring nv cannot be held liable for failure to fulfil its obligation to deliver or delay in its execution in the event of force majeure, in accordance with the provisions of articles 1147 and 1148 of the Civil Code.
MVB The Art Of Wiring nv is never liable for indirect damage, including delay damage, loss of turnover and profit, consequential damage and damage due to business interruption.
MVB The Art Of Wiring nv will not be liable for the consequences of a slight, ordinary and/or serious error on the part of herself and/or her employees. MVB The Art Of Wiring nv is only liable in case of intent.
The liability of MVB The Art Of Wiring nv is in any case limited to the amount (price) included in the agreement concluded between the parties.
Under no circumstances can MVB The Art Of Wiring nv be liable for damage that occurred or was caused by a careless or improper use of the delivered goods.
The Customer is at all times obliged to investigate the validity of the information and the goods before the application stands. MVB The Art Of Wiring nv is never liable for damage, of whatever nature, caused by MVB The Art Of Wiring nv was based on information provided and/or incomplete by the Customer.
All drilling, crushing, grinding, excavation and demolition works, as well as any repairs of unwanted damage carried out on behalf of the Customer, are subject to the Customer's liability.
9. Shareability
If a provision or part of a provision of these terms and conditions, or of a quote, order or agreement between MVB The Art Of Wiring nv and if the Customer is invalid and/or unenforceable, this will affect the validity and/or enforceability of the other provisions or parts of the provisions of these terms and conditions MVB The Art Of Wiring nv and the Customer is not at risk.
10. Guarantees
The warranty on the door MVB The Art Of Wiring nv goods delivered and/or placed are limited to the warranty of the relevant manufacturers and/or importers.
Working hours and travel costs are always excluded.
11. Exclusions not described in our offer
In our offers, we assume that the existing infrastructure of cable cars, cable ducts and conduits is sufficient and offers sufficient space for installing the new cabling.
The offer does not include chopping, drilling, breaking, grinding, heighting, painting, paving, trenching, excavation, repair and replanting works, unless otherwise described.
12. Jurisdiction and applicable law
To all legal relationships where MVB The Art Of Wiring nv is a party, only Belgian law applies.
In case of dispute, only the courts of the district of Turnhout are competent.