Terms and conditions

These general conditions only apply to all contracts entered into by SRL LCCM. Unless otherwise waived in writing, by the sole fact of the order, our customers indicate their agreement to these conditions which they declare to accept. These general conditions and their applicability constitute a determining condition of the consent of our company. They are valid for any supply or service and for the entire duration of our services and prevail over all other conditions of our customers or others. Any nullity of a clause of these conditions will not result in the nullity of the other clauses which will continue to have effect with regard to the parties.
‍
1. Order

Unless our suppliers or subcontractors are unavailable, our offers are valid for 30 days. Signing a purchase order and/or a quote and/or a contract entails the immediate obligation to pay a net deposit of the agreed price and constitutes a firm and definitive order. This deposit is 40% in the case of supply and installation, and 100% in the case of supply without installation. In the event of an order by two or more customers, they undertake to pay jointly and indivisibly. Our prices are exclusive of VAT and the applicable rate will be that in force at the time of invoicing. The description of the goods or work and the price established on the order are authentic, anything not described is not included and will be subject to invoicing on account. In the event of cancellation or reduction of an order, our customers will be required automatically and without formal notice to compensate our company for all its expenses to honor the order, for all its work already carried out and to be aware of the lack of The profit incurred is 50% of the company's amount, excluding VAT. Non-payment of the deposit may be considered as cancellation of the order.
‍
2. Plans, project and estimate
‍
The projects, studies, specifications and plans that we entrust to our clients remain our property. They must be considered confidential and cannot be copied, transferred or used by our customers without our written authorization.

3. Deadlines

We take all measures to meet our delivery and execution times but we cannot be held responsible for third party suppliers and subcontractors. In the event that deliveries or work have had to be interrupted or postponed by our customers or third parties, they will only be resumed after full regularization and in any case depending on our availability at that time, without prejudice to our right to receive payment of an additional deposit of 35% of the agreed net price in the event of a delay of more than 30 days since the availability of the goods in our stocks.

4. Order fulfillment
‍
4.1 The attention of our customers is particularly drawn to the differences in color, appearance and texture which may exist between the display goods and the delivered goods. These differences may also appear during any additional order. Our company cannot provide any guarantee.

4.2 In the event of delivery by road transport, during transit the goods are only covered by the guarantee conditions governed by the Convention Relative to Goods (CMR convention). Intra-community deliveries are defined by the Incoterm DAP implying the unloading of the goods by the customer, at his own risk. Collection by customers in our manufacturing workshops is Ex Works.

4.3 Our company declines all responsibility in the event that pipes or wiring that are insufficiently visible or not expressly indicated by our customers are damaged during the execution of the work which is the subject of the order.

4.4 Unless otherwise agreed between our customers and our company, deliveries are made to the ground floor and to locations accessible by truck. The places in which the goods will, where applicable, be placed will have previously been provided with any necessary equipment, all water, electricity and, where applicable, gas connections. Likewise, the necessary openings for ventilation and other possible arrangements (cementing, capping, etc.) must have been carried out. Our clients ensure that the fittings, arrivals and openings will comply with the plans accepted by the parties. Our company will never be responsible for the consequences of non-compliance with this provision by our customers.

5. Delivery

5.1 At the time of delivery of the ordered goods, our customers will take the necessary measures to ensure their good conservation before their placement, in particular to avoid possible damage and the risks linked to theft.

5.2 It is our customers' responsibility to check the goods upon delivery or placement. To be valid, all complaints must be made in writing directly upon delivery, on the dispatch or delivery notes. In the absence of a delivery note, any complaints must be reported no later than two working days following delivery or placement. In any event, complaints regarding the installation of LCCM plates must be made as soon as the plates are installed and at the latest before the installation is finalized. After this period, all goods are deemed to be compliant and to present no apparent defect and no complaints will no longer be admissible, without prejudice to what is provided for in articles 6 and 7.

5.3 The delivered goods remain the property of our company until their full payment in principal, interest and possible increases, it being understood that all risks without exception will remain the responsibility of our customers, even in the event of force majeure.

6. Reception

6.1 Provisional acceptance will be carried out at the latest before the first use of the work carried out. It may be requested by both our company and our customers and must be held within eight days of said request. Reception will be the subject of a contradictory written document which will include any points to be completed.

6.2 In the event that the report mentions points to be completed, final acceptance will take place upon completion of the points mentioned. In the event that the report does not mention any point to be completed, provisional acceptance constitutes definitive acceptance.

6.3 It is expressly agreed that the first use of the work carried out constitutes tacit and definitive acceptance without reservation of the work carried out by our company.

6.4 Receipt constitutes definitive acceptance of all possible apparent defects and/or non-conformities.
‍
7. Guarantee for hidden defects

7.1 All work and goods are guaranteed against hidden defects during the legal period from the date of final receipt. Complaints will only be taken into consideration on the express condition that they have been reported by registered letter within two months of discovery of the defect.

7.2 Our customers are required to allow the necessary time to remedy the defect. Our company has the choice to either replace or repair defective goods and work, unless our company considers that it is not responsible for the defect reported. In this case, our company will inform our customers in writing.

7.3 In the event that our company is unable to replace or repair the defective goods and works within a reasonable time, our company will inform our customers in writing. In this case, our company may only be liable for compensation limited to the price paid by our customers for the defective goods or work, to the exclusion of any other compensation.

7.4 The guarantee cannot be invoked when our customers have made inappropriate use of the goods delivered or the work carried out, have unilaterally modified the work carried out or involved a third party, as well as when the work carried out has suffered damage following aging or modifications. of the structure of buildings.

8. Payment

Invoices are payable in cash, unless otherwise stipulated. In the event of work in phases, payments will be made as follows: 40% upon order; and the balance upon delivery and installation of supplies. Any invoice unpaid when due will automatically bear interest of 12% per year without notice until full payment. In addition, the amount of the invoice will be increased automatically and without formal notice by a fixed compensation of 10%, with a minimum of 250 EUR. Any delay in payment, and in particular of the deposit to be paid on the order, authorizes our company, in the absence of regularization within the period mentioned in the formal notice, to take back the goods supplied and to suspend the execution of the work, all costs and compensation resulting from this suspension being the responsibility of our customers. The absence of regularization within 30 days of sending a formal notice authorizes our company to consider the order as terminated due to the faults and grievances of our customers.

9. Resolution
‍
In the event of termination by one of the parties and/or resolution at the fault of one of the parties, the parties agree that the damage suffered by the other party is equal to the sum of 50% of the amount of the order, excluding VAT, to be increased. of the price of the work already carried out as well as the goods already ordered.

10. Applicable law and disputes

Only Belgian law applies. Pursuant to article 624, 2° of the Judicial Code, any dispute between our clients and our company falls under the exclusive jurisdiction of the courts of Namur.