GENERAL TERMS AND CONDITIONS
Any cancellation of the order must be made in writing. It is only valid if accepted in writing by The Furniture Company BV. In the event of cancellation, a lump-sum fee of 30% of the total value of the cancelled order shall be charged. This remuneration covers, among other things, fixed and variable costs and possible loss of profit. If costs have already been incurred, they shall also be recoverable from the cancelling party. With regard to these additional costs, The Furniture Company BV reserves the right to prove and claim these within a period of 60 days. (Invoices from third parties can currently take some time to arrive.) If the cancellation or refusal takes place on the day of execution, the agreed price is payable in full. Furthermore, reference is made to possible special terms and conditions agreed between the parties as stipulated in the price quote.
2. DESCRIPTION OF THE GOODS TO BE SUPPLIED AND THE SERVICES TO BE PROVIDED
The services and goods are supplied, plus any contracting is carried out, in accordance with the price quote/order form or as stipulated on the front of the invoice.
3.1. VAT is not included in the quoted prices and is at the expense of the client. Prices are always unit prices, even if a total price is stated. The prices only apply to the specifications described in the price quote. Any change made during the provision of the goods or service must first be approved by The Furniture Company BV and shall automatically result in a price adjustment.
4. DELIVERY/COMPLETION PERIODS
4.3. If, during the execution of the contract, it should transpire that the complete and exact execution of the contract is impossible as a result of circumstances unknown to the former (e.g. due to faulty, incorrect, or incomplete notification on the part of the client), the right to change the contract by mutual agreement and in all reasonableness, to dissolve the contract in full, subject to reimbursement of the costs already incurred, or to dissolve the contract only with regard to the non-executable part.
4.4. The Furniture Company BV explicitly declares that it cannot be held liable for any non-execution/non-delivery due to causes beyond its control or will/situations of force majeure.
5. DELIVERY AND UNFORESEEN COSTS
5.1. Costs incurred as a result of the client’s failure to enable the execution or progress of the work shall be charged in addition to the extra work not provided for in the contract.
5.3. The client shall ensure at its own risk that the delivery/completion takes place at a location that can be adequately closed off.
– the delivery/completion takes place at an accessible location and, if necessary, that location is vacated by the client beforehand
– the workspace is sufficiently equipped with light, electricity, heating, water, ventilation, etc.
If this is not the case, the costs in question shall be for the account of the client.
5.4. The client is obliged to report any special circumstances (e.g. necessary use of a lift, hoist, crane, etc.) in advance, on penalty of having to bear the costs of the use of these special aids as well as the possible damage resulting from this use.
6. COMPLAINTS AND DELIVERY
6.1. The sending of the invoice is considered to be a request for delivery. Except for comments made in writing and by registered mail within eight days of the invoice date, the works are deemed to have been accepted. Any visible defect must be reported within two days of the delivery or installation, under penalty of any legal proceedings.
6.2. Only timely complaints that are notified in writing and by registered mail can be taken into account.
6.3. Any compensation shall never exceed the invoice value.
6.4. The Furniture Company BV cannot be held liable under any circumstances for work carried out or refused against its advice.
6.5. The Furniture Company BV cannot be held liable for damage of which the origin is specific to the condition/construction of the space in question.
6.6. The client indemnifies The Furniture Company BV against any claims from third parties.
7.1. Payments must be made in cash at the registered office of the company or by deposit into the stated bank account on the date of the invoice, unless explicitly stated otherwise.
7.2. In case of late payment of an invoice, the price shall be increased by a fixed fee of 10% with a minimum of EUR 50. In addition, an interest rate of 12% is due on an annual basis, calculated per month started.
7.3. The non-payment on the due date of a single invoice makes the outstanding balance of all other invoices, even if these are not due yet, immediately due and payable by operation of law. Late payment of an invoice shall result in the immediate closure of the site, after an official notice of default. If an invoice is not paid on time, the agreement can be declared dissolved at the expense of the client. Compensation is estimated at a flat rate of 15% of the value of the remainder of the contract that could not be executed.
7.4. Without prejudice to the provisions of Article 5, in the event of a dispute, the invoice must be contested within eight days as from the date of issue.
If The Furniture Company BV’s confidence in the creditworthiness of the principal/client is undermined by, among other things, acts of judicial execution or other demonstrable events that call into question and/or make confidence in the proper execution of the commitments entered into impossible, it reserves the right to demand the appropriate guarantees. If the principal/client refuses to accept this, The Furniture Company BV reserves the right to terminate the contract in whole or in part. If the occasion arises, the amounts referred to in Article 1 shall be due in addition and by way of compensation.
9. FORCE MAJEURE
The following are non-exhaustively considered to be force majeure: a defective vehicle, lack of personnel due to strike, illness, etc., lock-out, weather conditions such as frost, storms, or rain, late deliveries by our producers, all damage caused by demonstrations, protests, wars, fire, and, in general, all events beyond our control. Any technical defects in the equipment are also covered by force majeure. The Furniture Company BV undertakes to replace defective equipment as soon as possible.
10.1. All damage caused to the properties of The Furniture Company BV shall be fully recovered from the client.
10.2. The client shall be able to insure the property of The Furniture Company BV against damage of any kind to the goods and shall be able to present proof of insurance at the request of The Furniture Company BV during the period of assembly up to and including disassembly.
11. DISPUTE RESOLUTION
11.1. In the event of a dispute, the Courts of Antwerp shall have exclusive jurisdiction.
11.2. All costs related to the collection through legal means, including fees, shall be recovered from the contracting party.