These general terms and conditions apply, without prejudice to the application of any special conditions, to every offer, quotation or agreement concluded between the customer and the BV Project Nekton, with its registered office at 2640 MORTSEL, Abelenstraat 54 with company number 0719.685.164.
1. By accepting the offer, acceptance of delivery and/or placement, payment or any other execution act of the contract, the customer renounces the application of his possible own conditions, at least in case of contradiction the general conditions of NEKTON apply. In any case, these general conditions shall apply if the customer does not express his non-acceptance in writing within 8 days.
2. Empowering – The signatory who, in his own name or in the capacity of mandatary, places an order, or the one who, in whole or in part, pays the order, even on behalf of third parties, empowers these third parties and binds himself in solidarity and indivisibly with them, and this in accordance with articles 1120 et seq. of the Civil Code and 1200 et seq. of the Civil Code.
3. Price – Prices include delivery unless otherwise stated. The offers remain valid for 30 working days.
4. Invoicing – The customer will receive an advance invoice in the amount of 30% of the total amount after signing the offer or order accepted by NEKTON. The advance invoice is payable within 14 days from the date of the invoice. After delivery or placement, the customer will receive the final invoice in the amount of 70% of the total amount. The final invoice is payable within 14 days from the date of the invoice where, however, a financial discount of 3% may be granted for cash payment (if expressly stated on the invoice).
5. Payment – All invoices are payable within the payment terms specified above unless otherwise agreed in writing.
6. Object – The data in catalogs and prospectuses concerning dimensions, weight, performance, etc. are given for information purposes only and are approximate. Under no circumstances do they imply an obligation of result.
7. Warranty – A two-year manufacturer’s warranty is provided on all products in accordance with European regulations. Additionally, NEKTON can provide an additional warranty through the special conditions of the contract.
8. Delivery – The delivery times indicated in the order form or its confirmation are indicative and approximate. Notwithstanding articles 1610 and 1611 of the Civil Code, any delay shall not give rise to damages and interest in the buyer’s interest, unless expressly stated otherwise. In case of delays or defects in the delivery of the ordered products, the customer cannot obtain supplies elsewhere at NEKTON’s expense. Articles 1143 and 1144 of the Civil Code do not apply to the contract between Intercarbo and the customer. At the time of delivery and possible installation, the customer shall sign off a receipt/delivery note for receipt/work performed. By signing off, the customer accepts all visible defects. Use of the goods by the customer implies their irrevocable acceptance. NEKTON reserves the right to make partial deliveries, which constitute as many partial sales. The partial delivery of a. order can in no case justify the refusal to pay for the goods delivered.
9. Placement – The customer shall provide accessibility to the places where the goods are to be placed. The client shall provide, at
own expense, utilities such as electricity and water during the duration of the works.
10. Liability – NEKTON is not liable to the customer for serious or intentional errors committed by its subcontractor. NEKTON’s contractual and extra-contractual liability is at all times limited to the invoice amount of the goods delivered or installed. NEKTON is not liable for the application nor the use of its products. The customer is responsible for the lighting study and therefore the choice of products.
11. Transfer of risk and ownership – From the time the goods are made available to the customer, all risks associated with the goods shall be borne solely by the customer.
12. Termination – NEKTON has the right to terminate the contract with the customer at any time, with immediate effect, without real authorization, without prior notice of default and without payment of any damages, in the cases included in the general sales conditions of NEKTON BV.
13. Revision – In the event that a fundamental change in economic conditions results in an unreasonable or disproportionate burden on either party for the performance of the agreement, the parties will consult to jointly agree on an equitable adjustment to the agreement.
14. Force Majeure – Each party is legally released and not obliged to fulfill any obligation to the other party in case of force majeure as defined in the general sales conditions of NEKTON BV. Since the customer’s obligation to … essentially consists of an obligation to pay, force majeure on the part of the customer is hereby expressly excluded.