Terms and conditions
Applicability and scope of the general sales conditions
Each and every sale of goods or rendering of services by 4K NV, as well as all agreements concerning the contracting of works, shall be subject to the present contract conditions. By his conclusion of an agreement, the client accepts the exclusive application of 4K NV’s contract conditions, and this to the exclusion of any and all other
terms and conditions. No deviations from these conditions shall be permitted, except by prior explicit and written agreement. The client accepts any and all eventual changes and commits himself with any order to abide by the contract conditions that are applicable at the time of the conclusion or extension of the agreement in conformity with the terms and conditions published by 4K NV on its website. Any changes to, or voidance of, one or several provisions, either wholly or partially, shall in no wise bring about the nullity or the waiver of the remaining other clauses and conditions.
Conclusion of the contract
Our price offers are non-binding. Prices shall remain valid for a duration of 15 days only, barring written accord otherwise. Conclusion of an agreement shall only be deemed confirmed following 4K NV’s written acceptance of an order.
Our delivery terms are only approximations and non-binding. 4K NV shall not be held responsible for delays. Under no circumstance shall any delay be considered valid grounds for claiming indemnification or cancellation of an order.
Price and payment terms
Taxes and delivery and transportation costs are not included in our price offers, barring an agreement to the contrary. The invoices are payable in cash to the company’s registered offices. In the event of non-conform payment terms, such terms can never subsequently be invoked as an acquired right. All bank charges shall be assumed by the client. 4K NV shall be held to delivery only following payment of the invoices. In default of a written complaint within 8 days following dispatch of the invoice or request for payment, the invoice in casu shall be deemed to have been accepted without objection.
The drawing and/or acceptance of bills of exchange or other negotiable instruments does neither imply a novation of debt nor constitute a departure from the present sales conditions.
In the event that the client’s credit worthiness turns unfavourable, 4K NV reserves the right, even following a partial execution of the contract, to demand guarantees from the client towards the latter’s compliant fulfilment of his commitments. In the absence of such guarantees, 4K NV shall be entitled to cancel either the entire order
or a part thereof. 4K NV shall be entitled to suspend the works and/or the deliveries as soon as there exists a risk of delinquent payment on the part of the client or when an outstanding indebtedness has not been discharged on its due date. The suspension of the works and/or deliveries shall be valid without any prejudice to the client’s obligation to pay monies owed in principal, interests, and occurred charges.
Delivery of the goods is to be made in the warehouses of 4K NV. Their transportation shall be carried out on instruction from, and for the account of, the client. By way of providing a service, 4K NV may have the goods delivered to the client’s premises. This benefit must never be deemed as an acquired right with respect to other transactions.
The goods shall at all times be transported at the client’s risk, even when the transport is conducted at 4K NV’s own account. When the carrier’s picks up the goods, 4K NV shall possess power of attorney to sign the waybill in the name of the client as shipper of the goods.
No complaints shall be accepted unless they are notified to 4K NV by registered letter, and this within 8 days following the delivery of the goods or the execution of the works in casu. It shall be incumbent on the client to immediately upon delivery inspect the goods or the executed works.
Guarantee and exemption from liability
It is assumed that the client is fully knowledgeable about the materials, case pertaining, the works for execution and their specific properties and characteristics, before proceeding to placing his order. The client shall assume all responsibility with regard to the application or the usage of the materials or the works that are being ordered by him. The guarantee on patent defects shall remain limited to a term of 8 days. The guarantee on latent defects shall invariably remain limited to a term of 1 year following delivery or execution of the works. In any event, registered notification of any defect is required within 8 days following its being noted, on penalty of lapse of claim.
Irrespective of the afore-mentioned exemptions from liability, the warranty shall remain limited to the replacement of the non-conform or deficient goods, either in the form of partial or full refunding of the price of the goods in casu or the re-execution of the works in kind or the cost thereof, this at 4K NV’s own preference. All other costs and compensations for direct or indirect damage shall be excluded.
In the event of delinquent payment, the invoiced amount shall, in good right and de iure and without any notice of default, be increased by a fixed compensatory indemnity of 10%, with a minimum of 50 €, as well as by the interests applicable pursuant to the law concerning late payment in commercial transactions dated 2.8.2002. At the same time, the client shall be liable for payment of the costs of the collection claim, court costs, and legal fees.
4K NV shall be entitled to allocate the payments to the outstanding debt of its own choosing. Non-payment on the due date of one single invoice shall in good right and de iure render the payable balance of all of the other invoices, even though not yet due, immediately claimable.
Whenever the client fails to abide by his commitments, 4K NV shall be entitled, at its own discretion, to dissolve the agreement in good right and de iure and without the need for a prior notice of default, and this by notification to that effect by means of an ordinary letter to the client. The client shall become liable for a fixed compensatory indemnity equal to 30% of the price of the terminated transaction, without prejudice to 4K NV’s subsequent right to claim a higher indemnity for any additional substantiated loss and/or damage.
Retention of title
Irrespective of the risk to the goods, which is being transferred to the client after their leaving the 4K NV warehouses, title to the material possession of the delivered goods or goods to be delivered shall be retained by, and remain with, 4K NV, and this until full settlement of price and concomitant obligations. This clause shall likewise remain in effect after the goods have undergone transformation or been incorporated into others at the client’s premises.
Solely Belgian law shall be of application to the present conditions. In the event of disagreements, the courts that have jurisdiction within the juridical district where 4K NV maintains its registered offices shall possess the competence to entertain disputes.