Conditions at Respo Repair
Article 1. Application of general terms and conditions
These general terms and conditions apply to all offers from and to all agreements with Respo Repair Belux (hereinafter referred to as RRB), even if there are conflicting provisions stated on the customer's documents. By placing an order, the customer accepts the general terms and conditions of RRB.
Article 2. Offers and quotations - order confirmation
2.1. All offers and quotations of RRB are without obligation until the moment of acceptance by the customer. The agreement is concluded when the client signs the offer for approval and sends it back to RRB, unchanged, within eight days. Each order or order confirmation by the client shall bind the client to the agreement. The agreement replaces all previously concluded oral and/or written agreements.
2.2 All changes to the offer will be carried out under the direction of the client at the current hourly rate, unless otherwise agreed.
Article 3. Cancellation of the order
The cancellation of an order by the client is possible as long as RRB has not yet started its work and agrees to the cancellation and is subject to the payment of a compensation of 30% of the agreed price, with a minimum of 250 EUR. The same compensation of 30% of the agreed price, with a minimum of EUR 125, excluding VAT, shall be due if RRB offers to carry out the work and it cannot be carried out by fault on the part of the client, for example because the client is not at home or the damage to be repaired does not correspond to what was communicated by the client.
Article 4. Delivery
4.1. The date of delivery is only given as an indication and does not bind RRB. Delays in delivery do not entitle the customer to compensation or a reduction in price, nor to the dissolution of the agreement.
4.2. If the parties have expressly agreed on a binding delivery period, this period is extended if the customer fails to provide information, dimensions or anything else, or if the customer places additional orders.
Article 5. Risk
All goods belonging to the customer and located at RRB are stored there at the customer's risk.
Article 6. Payment methods
6.1. Unless otherwise agreed, RRB's invoices are payable in cash.
Disputes must be notified to RRB by registered letter within seven working days after the invoice has been sent. Under no circumstances can a dispute justify a postponement or suspension of payment.
6.2. All invoices are payable on their due date by transfer to the account number of RRB. Each payment will be charged on the oldest expired invoice, and first on the interest and costs due. Authorised discounts lapse if the general terms and conditions of sale are not complied with.
6.3. If the customer does not make payment on the due date, the customer shall owe RRB default interest at the rate of 10% per annum. A lump-sum indemnity of 12% of the invoice amount with a minimum of 75 EUR will also be charged. The interest due is calculated from the due date until full payment. In addition, RRB reserves the right to suspend the further execution of its obligations until the client has paid the overdue invoices. Any delay in payment by the client shall make all amounts due payable at once.
6.4 Completion of the work carried out can only take place after payment of 90% of the invoices.
6.5. Parties are entitled to terminate the agreement with immediate effect if a party fails to comply with one or more of its obligations arising from this Agreement in whole or in part (such as non-payment of the invoice) without the other party being able to claim reimbursement of any prepaid fees or compensation for damages.
Furthermore, a party is entitled to terminate the Agreement without further notice of default and by operation of law with immediate effect with the other party in the event that a party has been declared bankrupt, has requested or accepted application of the Act on the Continuity of Enterprises, or is generally in suspension of payment.
Article 7. Liability - General
7.1. RRB undertakes to carry out all services to be provided with due care. All performances of RRB are obligations of means. RRB is not liable for errors in the execution due to insufficient or wrong input by the customer. Among other things, RRB is not liable if the result of a repair or damage does not fully correspond to the initial situation.
7.2. RRB cannot be held liable for any error (even a gross error) on the part of its employees, except in the case of fraud. Whatever the cause, form or object of the claim invoking liability, RRB can under no circumstances be held liable for any consequential damage such as, for example, loss of expected profit, fall in turnover, increased operational costs, loss of customers, which the customer or third parties would suffer as a result of any error or negligence on the part of RRB or an employee.
7.3. RRB's liability with regard to services provided to the client is in any case limited to either the reimbursement of the price paid by the client or the re-performance of the services. RRB's total liability shall never exceed the price paid by the client to RRB for the services giving rise to the claim.
7.4. With regard to services provided by third party suppliers, RRB does not accept any liability in addition to or other than the liability that third party suppliers are prepared to accept for their products or services.
Article 8. Retention of title
8.1. The Services provided by RRB remain the property of RRB after the delivery until payment of the full price thereof, possibly increased by default interest. As long as full payment of the Price has not been made, the customer may not transform, alienate, transfer, encumber and/or otherwise make available to third parties in any form and title whatsoever the services performed and/or the materials and items delivered.
8.2. RRB reserves the right, at any time, to reclaim the services provided at the customer's expense. This right to reclaim is exercised by simple letter. In that case, additional costs of disassembly and transport shall also be borne by the customer, in addition to compensation equal to 30% of the Price.
Article 9. Termination of the agreement
9.1. If the client is guilty of a serious breach of contract which the client does not remedy within 8 days of receipt of a notice of default sent by registered mail, RRB has the right to either (i) suspend the agreement until the client has fulfilled his obligations, or (ii) terminate the agreement with immediate effect. The non-payment of one or more invoices on their due date shall always be considered as a serious breach of contract.
9.2. Upon termination of the agreement, the client shall pay all services provided by RRB, as well as the costs incurred by RRB as a result of this termination, plus a fixed compensation of 30% of the amount that RRB could still have invoiced to the client if the agreement had been fully executed. Any advance paid shall in any event remain vested in RRB. In addition, RRB reserves the right to claim higher damages if it proves that its actual damage exceeds the fixed damages as determined above.
9.3. Nevertheless, each party agrees to grant the other party a reasonable period of time to remedy any shortcomings, and to always first seek an amicable settlement.
Article 10. Obligation of confidentiality
The parties undertake to keep the commercial and technical information and business secrets which they obtain from the other party confidential, even after termination of the agreement, and to use them only for the execution of the agreement.
Article 11. Reference
The client agrees that the work carried out by RRB for the client will be included in RRB's reference portfolio.
Article 12. Force majeure
Force majeure situations such as, for example, unsuitable climatic conditions for the execution of the works, strikes, public unrest, administrative measures and other unforeseen events over which RRB has no control, relieve RRB of its obligations for the duration of the hindrance and for their scope, without the right to any price reduction or compensation for the customer.
Article 13. nullity
If any provision of these general terms and conditions is null and void, the remaining provisions shall remain in full force and RRB and the client shall replace the null and void provision by another provision that comes as close as possible to the purpose and purport of the null and void provision.
Article 14. Applicable law - competent court
Belgian law is applicable to the agreements of RRB. Any dispute relating to the conclusion, validity, execution and/or termination of this agreement shall be settled by the competent courts of the judicial district of Antwerp, Turnhout Department.