CUBIX Business nv
Document prepared on 01/12/2024
These general terms and conditions (“GTC”) apply to all project-based purchases agreed by offer between CUBIX Business nv, with KBO enterprise number 0862.300.603 and VAT number BE 0862.300.603, located at Spanjestraat 60, 8840 Staden, BELGIUM (“the Vendor”) and its customers (“the Customer”). They are specifically intended for business customers and do not apply to purchases through a web shop. The GTC regulate the conditions regarding offers, payment, delivery, liability and warranty.
These GTC take precedence over other terms and conditions, unless expressly agreed otherwise in writing. Any nullity or unenforceability of a clause does not affect the validity of the remaining clauses. Amendments to the GTC are valid only if confirmed in writing by both parties.
2.1. All quotations are without obligation, unless expressly stated otherwise. Quotations are based on the then current prices, wages and material costs. Price changes due to cost increases are expressly reserved. Quotations are exclusive of VAT, unless otherwise indicated.
2.2. The Customer’s acceptance of an offer constitutes full approval of its contents, including the application of these GTC. Any deviation must be approved in advance in writing by the Seller.
3.1. Orders are valid only upon written confirmation by the Seller. The Customer bears responsibility for the accuracy of information provided and has the opportunity to check it before confirming the order.
3.2. Cancellation or modification of an order by the Customer may only be made in writing and with the express approval of the Seller. In case of cancellation, a flat rate compensation of at least 15% of the total value of the order will be charged. Customized products or specific services cannot be cancelled or modified after confirmation.
Prices as stated in the quotation do not include VAT, transport, processing or delivery costs, unless explicitly agreed otherwise. Additional costs for custom delivery conditions or different packaging will be invoiced separately.
5.1. Invoices are payable within the time specified on the invoice and in accordance with the agreed payment terms. The goods remain the property of the Seller until full payment is received.
5.2. In case of late payment, interest of 1% per month, with a minimum of €125, is due. Any late payment makes all other outstanding invoices immediately due and payable. All collection costs, including legal and extrajudicial costs, shall be borne in full by the Customer.
5.3. The Seller reserves the right to suspend deliveries or rescind the contract in the event of late payments or if the Customer’s financial situation deteriorates.
6.1. The stated delivery times are indicative. Delays do not entitle the Customer to compensation or dissolution of the agreement.
6.2. Deliveries are made to the agreed address. The Customer is responsible for the accessibility and correct receipt of the goods. Any additional delivery costs due to incorrect information or repeated delivery attempts shall be borne entirely by the Customer.
6.3. The Customer must check the delivery immediately for visible damage or discrepancies. Any complaints must be reported upon delivery and confirmed in writing to the Seller within 48 hours. Failing this, the Customer shall be deemed to have accepted the goods without reservation.
The Vendor shall only be liable for direct damages resulting from gross negligence or intent. Indirect damages, such as loss of profit, project delays or damage to reputation, are expressly excluded. The Seller’s liability shall in any case be limited to the invoice value of the goods or services involved.
The Seller is not liable for delays or non-performance of the contract due to force majeure, including natural disasters, pandemics, government measures, strikes, transport problems or breakdowns in supplier chains. In cases of force majeure, the period of performance shall be extended or the contract may be rescinded in whole or in part without any compensation.
9.1. Delivered goods are subject to a warranty period of 12 months from delivery, unless otherwise agreed in writing.
9.2. Complaints regarding hidden defects must be reported in writing within 8 days of discovery and within the warranty period. The warranty is limited to free replacement or repair of the defective good, at Seller’s option.
9.3. The warranty is void in the event of improper use, modifications by the Customer or third parties, or if maintenance has not been performed in accordance with the instructions.
10.1. This agreement is governed by Belgian law. Any disputes shall preferably be resolved amicably. If this is not possible, only the courts of the district where the Seller is located have jurisdiction.
10.2. The Customer acknowledges by accepting these GTC that disputes will be handled exclusively according to these terms and conditions, to the exclusion of any other terms and conditions or arbitration clauses.
Onze webshop biedt de mogelijkheid om direct te bestellen, waarbij alles verder wordt afgehandeld door Torros. Voor aanvragen met betrekking tot projecten of maatwerk, verzoeken we u terug te keren naar de website www.vdhmachines.nl
