General Terms and Conditions – B2B (English Version)
These General Terms and Conditions apply to all offers, agreements, deliveries and invoices of the seller and exclusively govern transactions between undertakings (B2B) within the meaning of the Belgian Code of Economic Law.
Any deviation from these terms shall only be valid if expressly agreed in writing in advance. The customer’s general terms and conditions are expressly excluded.
Invoices are payable upon collection or at the latest within fourteen (14) calendar days from the invoice date, unless otherwise agreed in writing.
In the event of full or partial non-payment of the invoice on the due date, default interest shall be due by operation of law and without prior notice of default on the outstanding amount, calculated at a rate of 1% per month, whereby each commenced month shall be considered as a full month.
In the event of non-payment on the due date, a fixed compensation amounting to 12% of the outstanding principal shall also be due by operation of law and without prior notice of default, with a minimum of €125 and a maximum of €1,860, without prejudice to the seller’s right to prove higher actual damages.
In the event of contractual default by the seller, the latter shall, under the same conditions, be liable to pay the customer an equivalent fixed compensation, subject to the same minimum and maximum amounts.
All collection, reminder, protest and legal costs shall be borne by the debtor, insofar as legally permitted and to the extent the debtor is held liable.
Any complaints relating to the invoice or the delivered goods or services must be submitted in writing, under penalty of forfeiture, within eight (8) calendar days from the invoice date.
This provision shall not affect the customer’s right to invoke hidden defects that could not reasonably have been discovered within this period.
The submission of a complaint shall not suspend the customer’s payment obligation.
The delivered goods shall remain the property of the seller until full payment of the principal, interest and costs. The risks shall nevertheless pass to the customer upon delivery or collection.
In the context of B2B relations, the seller’s liability shall be limited to the invoice amount of the relevant delivery.
The seller shall in no event be liable for indirect damages, including but not limited to loss of profit, loss of clients or reputational damage, except in cases of wilful misconduct or gross negligence.
All agreements shall be governed exclusively by Belgian law.
Any disputes shall fall under the exclusive jurisdiction of the courts of the judicial district of Ghent.