TERMS AND CONDITIONS
1. General
These general terms and conditions apply to every offer, every agreement and every delivery of goods or services between Alumcon and the customer, unless explicitly agreed otherwise in writing by the parties.
Unless otherwise agreed in writing, the customer is assumed to have taken note of these general terms and conditions, as well as their application to his order and to have accepted all parts thereof.
The customer acknowledges that the application of its own general terms and conditions, if any, is expressly excluded. Any condition or stipulation imposed by the customer that conflicts with these general terms and conditions is only valid if it has been accepted explicitly and in writing by Alumcon in advance, and is only valid for the order that is the subject of it.
The possible total or partial invalidity, nullity or unenforceability of one or more clauses of these general terms and conditions does not affect the validity and enforceability of the other clauses or the remaining part.
2. Quotations & execution
Unless stated otherwise, all offers and quotations from Alumcon, with regard to price, content, implementation and delivery, are always non-binding and indicative and are subject to sufficient stock. A quotation or offer expires if the product to which the quotation or offer relates is no longer available.
Alumcon's remuneration for the performance of its assignment will be determined either on the basis of the actual number of hours spent and at the agreed hourly rate.
Any changes to the ordered materials or works and/or additional work will be invoiced additionally on the basis of the actual number of hours spent and at the agreed hourly rate.
Alumcon is only bound to carry out the customer's order after written acceptance of this order by Alumcon. The agreement supersedes all previously concluded oral and/or written agreements.
The execution times are always approximate, unless stated otherwise. A fixed term must be clearly stated explicitly on the quotation.
Every agreement between Alumcon and the customer is concluded at the registered office of Alumcon, located in Belgium, 2431 Veerle, tessenderloseweg 78
We are not responsible for any color differences.
3. Cancellation
A cancellation of an order by the customer must always be made in writing and is only valid if accepted in writing by Alumcon
In the event of cancellation by the customer, the customer is obliged to pay a fixed compensation of 40% of the total amount of the order, without prejudice to ALumcon's right to claim its actual damage if this exceeds the agreed fixed amount.
Without prejudice to the foregoing, Alumcon always has the right to demand the forced performance of the agreement.
4. Information & obligations to be provided by the customer
Alumcon provides its services within the limits of the information, information and documentation provided by the customer. The customer ensures that all documents and information, of which Alumcon are necessary or of which the customer should reasonably know that they are necessary for the performance of his assignment, are provided to Alumcon_cc781905-5cde in a timely manner. -3194-bb3b-136bad5cf58d_ provided.
The customer guarantees the accuracy, correctness and completeness of the information, specifications, guidelines and instructions it provides to Alumcon. Alumcon is not obliged to control the content, correctness and completeness of the information provided by the customer.
If there is underground infrastructure (eg pipes or constructions) at the place where the work is being performed, the customer will inform Alumcon and provide him with the most recent plans. Alumcon reserves the right to suspend the execution of the works as long as the plans have not been communicated to it, without the customer being able to claim compensation or price reduction for this.
The customer guarantees that all conditions have been met at the place of delivery and/or performance of the work, so that Alumcon can carry out the agreed work according to the state of the art. The customer is responsible for the necessary permits, such as urban planning permits. Alumcon reserves the right to suspend the execution of the work if it appears that the customer does not have the necessary permits. In this case, the customer will be obliged to pay the costs resulting from this.
The customer guarantees good accessibility of the locations for the execution of the works by Alumcon. If the work cannot start at the scheduled time due to the fault of the customer (e.g. because the site is closed, absence of the necessary permits, etc.), Alumcon is entitled to charge the customer for costs and waiting hours to the amount of the incurred delays and this at the agreed hourly rate.
5. Delivery
The delivery date by Alumcon is only a target date. Delay in delivery can never lead to a reduction of the agreed price, compensation, cancellation of the order or dissolution of the agreement at the expense of Alumcon. Under no circumstances is there an obligation of result on the part of the latter.
Changes to the order automatically cancel the predetermined delivery period.
Alumcon cannot be held liable under any circumstances for delays due to the default of suppliers of Alumcon, the customer or any other third party.
6. Subcontractors & appointees
Alumcon is entitled to be assisted or call upon subcontractors or appointees for the performance of its assignment. Alumcon does not have to inform the customer of this in advance.
Work that Alumcon has to carry out as a subcontractor always forms part of the liability of the client-contractor towards the customer. Alumcon cannot be held liable in any way for the work performed by the end customer.
7. Payment
if the advance invoice is not on the account of alumcon before the due date, alumcon cannot guarantee the price of the offer, only if the advance invoice is paid on time will the price of the offer and the discounts or current promotions of that moment apply.
The fee due, increased by VAT, will be charged to the customer per invoice. Unless otherwise agreed, Alumcon's invoices are payable on their due date.
advance is 50% interim invoice 35% balance of 15% must be paid on the day after placement.
Invoices that are not protested in a detailed manner by registered letter within 8 days after the invoice date are considered to be definitively and irrevocably accepted.
Non-payment on the due date of a single invoice makes the due balance of all other invoices, even non-expired invoices, immediately due and payable by operation of law and any permitted payment terms are deemed not to have been written. Alumcon also reserves the right to suspend the performance of all current agreements and/or to dissolve the current agreements without prior notice of default.
Any sum owed by the customer, but not paid or not paid on time on the due date, will be increased by operation of law and without notice at a fixed and indivisible rate by a compensation of 10%, with a minimum of € 250.00, and with interest on arrears. at the rate of 1% per month, each month started being considered fully expired.
Alumcon reserves the right to draw up an advance invoice and an invoice or to demand payment guarantees. In the event of non-payment of an advance invoice on the due date, Alumcon reserves the right to suspend the execution of the works or deliveries pending full payment, without the customer being able to claim compensation for this. are demanded.
Allowed discounts expire if the general terms and conditions are not respected.
In the event that the customer has various due and payable debts, Alumcon has the right, contrary to Article 1253 of the Dutch Civil Code, to charge payments to a debt of its choice.
8. Retention of Title
Alumcon retains exclusive ownership of all goods delivered by it until all amounts due under the delivery, including any fixed compensation, default interest and costs due in the event of late payment, have been paid in full.
9. Inspection & Complaints
Upon delivery and installation, the customer must examine whether the materials and works comply with the agreement (correct materials, correct quality, correct quantity, absence of damage, etc.).
Complaints with regard to the materials supplied must be reported to Alumcon in a motivated manner, under penalty of forfeiture and any right to compensation, price reduction or refund, within 5 working days after delivery by registered letter. Complaints do not suspend the payment obligations of the customer .
The customer is obliged to reimburse the costs incurred as a result of unjustified complaints.
10. Liability
Alumcon's liability is limited to compensation for foreseeable, direct and any damage suffered by the customer, to the exclusion of all indirect or immaterial damage. Any compensation owed by Alumcon, with the exception of this for intentional error, will be limited to the maximum amount that Alumcon has invoiced or contractually should have invoiced to the customer for the materials and works that have given rise to the customer's damage. The customer expressly and unconditionally agrees to waive any further
Alumcon cannot be held liable in any way for damage resulting from the age of the building in which the work is being carried out, such as the loosening of plaster or tiles during the execution of the work.
If hidden defects are found, the customer must inform Alumcon of this by registered letter within 5 days after they have been discovered, failing which the customer will no longer be able to make any claim for compensation, price reduction, refund, repair or replacement. . Any compensation owed by Alumcon will be limited to the maximum amount that Alumcon has invoiced or contractually should have invoiced to the customer for the materials and works that have caused damage to the customer. The customer expressly and unconditionally accepts to waive any further claim for compensation of any kind.
11. Force majeure
In case of force majeure, Alumcon is released from any obligation without the customer being able to claim any compensation or reimbursement of amounts already paid to him. Force majeure includes all circumstances that are not due to an error on the part of Alumicon that make the performance of its obligations impossible, more difficult, delay or more expensive, such as, but not limited to, fire, machine breakdown, accidents, strikes or lock-outs, exceptional traffic disruption, exceptional weather conditions such as storms, snow or floods, import and export restrictions, increases in taxes, duties, fees, levies, duties and customs duties or other government measures, exchange rate fluctuations, inflations , epidemic or pandemic, riot or war, errors of, delays in, price increases due to or force majeure of suppliers or services. The imputable and unavoidable nature of the aforementioned circumstances is always deemed to have been acquired.
12. Data Protection
Alumcon collects and processes the personal data of its customers. For a detailed description of the method of processing and the processing purposes, reference is made to the privacy policy that can be consulted on the website van https://www.alumcon.be
13. Disputes
Belgian law always applies to all offers, quotations and agreements between Alumcon and the customer. The courts in Antwerp, Antwerp division and the Vredesrecht are exclusively competent to take cognizance of all disputes arising from the agreements with Alumcon