GENERAL TERMS AND CONDITIONS Of NDV Comm. v.
1: Scope of these general terms and conditions
1.1 Unless expressly agreed otherwise, the acceptance of the order form/invoice by the customer entails his adherence to these general terms and conditions. In the event of conflicting provisions between NDV and the Client and the current general terms and conditions, the latter shall prevail.
1.2 These general terms and conditions regulate the relationships between NDV and the customer. Only the written amendments signed by both parties, and which appear in the order form or in any other document, may deviate from these general terms and conditions. NDV Comm. V. can never be held responsible in any way for the consequences of his material, certainly not in the case of live animals such as eg fish or reptiles.
1.3 The order conditions of the customer are not opposable to NDV.
2 : Offer - acceptance
2.1. The order form and the price offers sent to the customer are valid for one month.
2.2. The order is only final upon signing the purchase agreement by the customer and depositing an advance of fifty percent of the total price excluding taxes. In addition to the current terms and conditions, the rights and obligations of the parties are defined by the agreement.
2.3. Any study and research costs that precede the preparation of the order form are at the expense of the customer, regardless of whether an agreement is concluded afterwards or not.
2.4. All the prices of NDV are exclusive of taxes and can be calculated at the discretion of the seller - installer on a flat-rate basis or on an hourly basis if these are not clearly stated on the order form.
2.5. For each work on an hourly basis or on an hourly basis, the materials are calculated at the daily price and the working hours of NDV are calculated from departure to arrival at the studio, plus the transport costs, travel costs and services for loading and unloading materials.
2.6. The works are carried out with the basic materials that are normally available. The customer's specific requirements must be communicated to NDV at the time the order form is drawn up. If these requirements are communicated afterwards, the prices may be adjusted.
2.7. In case of price changes in the material, wages, social charges or special taxes, these can be adjusted according to the price revision that is combined with the offer.
3 : Deadline
3.1. The date of the start of the works is determined in mutual consultation with the customer, but can always be postponed by the seller - installer in exceptional circumstances and/or circumstances beyond the control of NDV.
3.2. The delivery times and execution times that may have been determined are only indicative in nature and are never binding. Only a arrears of more than 3 months after the sending of a registered notice of default by the customer can be invoked by the latter to suspend the execution of his obligations or to request the judicial dissolution of the agreement.
3.3. The customer must facilitate the execution of these works as much as possible. He must ensure that the materials can be delivered on site. He must ensure that the area where the work is to be carried out is free of any obstacle. Any clearing and/or cleaning work will be invoiced to the customer in supplement.
3.4. The order form is drawn up on the assumption that the work will be carried out without interruption. If other professionals work with NDV at the same time, the client must ensure that the normal progress of NDV's works is not disturbed. If this were the case, the execution times will be extended. The lost and non-recoverable waiting times will be invoiced in supplement.
3.5. All expenses resulting from loss of time that are not caused by NDV, such as delays such as non-compliance with safety rules, will be charged as a surcharge on the agreed price.
4.1. An advance of fifty percent of the total price excluding taxes is paid by the customer on the day of signing the order form. Any advance that has been paid to NDV remains definitively acquired by it if the agreement should be broken for whatever reason, which is not attributable to the seller-installer.
4.2. For the payment of the balance of the price, NDV will send interim invoices to the customer during the execution of the works. Any balance of the price will be paid upon completion of the works.
4.3. All invoices are to be paid in cash and without discount to the account of the registered office of NDV.
4.4. In the event of non-payment on the due date, the customer owes NDV arrears interest by operation of law and without notice of default. The interest is calculated at twelve percent per annum.
4.5. In the event of non-payment on the due date, the customer shall also automatically and without notice of default owe NDV a fixed compensation amounting to fifteen percent of the amount owed excluding taxes, with a minimum of EUR 450.
4.5.1. The invoice drawn up is deemed to have been protested within 8 working days, or is considered to have been automatically accepted by the counterparty.
4.6. Non-compliance with the payment terms also automatically and without notice of default entails the expiry of the term and makes all sums owed by the customer to the seller - installer fully and immediately due and payable, even if the invoices have not yet reached their due date. (right to invoke the exception of non-performance by the seller - installer in case of non-payment)
4.6/1. in the event of non-payment on the due date of the invoice, a one-time administration fee of €450 will be charged without any notice of default on top of the compensation as described in art 4.5 and 4.6.