These terms and conditions apply to all requests, quotes, orders, agreements and deliveries of goods or services carried out by DEPro Benelux. The parties may derogate from these terms and conditions should they have agreed thereto explicitly and in writing. The customers are regarded as having understood the general terms and conditions. Application of the customer’s general terms and conditions shall be excluded at all times, unless having been agreed otherwise.
Requests and quotes
All requests and quotes shall be without obligation, in writing, and valid for a period of no more than three (3) months, unless a different term has been stated on the document. The request or quote shall be limited to the goods and services laid down in this document. All stated prices shall be expressed in euros, excluding VAT and any other costs, unless having been expressly stipulated otherwise.
Orders may only be sent by the customer to DEPro Benelux in writing (electronically). Acceptance of the order shall only become fixed at such time that the customer receives an order confirmation, which shall be sent by DEPro Benelux within 72 hours of its receipt of the written order. The customer shall owe a fixed indemnity of 25% of the value of the order or contract in the event of order cancellation or breach of contract.
The delivery times stated by DEPro Benelux are purely indicative and do not entitle the customer to rescission or damages should these times be exceeded. The delivery time shall commence at such time that the customer has received an electronic order confirmation. The risk associated with the delivered goods shall transfer to the customer on delivery. Should the packaging of a delivery have been opened or damaged, the customer must report this on the delivery note before accepting the product delivered. In the absence of a claim, the customer may not hold DEPro Benelux liable.
Invoices must be paid no later than the invoice’s due date. In the event of late payments, an interest of 12% per year shall be owed ipso jure and without notice, calculated as from the invoice’s due date. Invoices not paid on their due date shall, ipso jure and by the mere fact of having exceeded the payment term, be increased by 10% with a minimum sum of €150, without any requirement to provide advance notice of default. Any additional costs shall also be borne by the customer. In the event of unpaid invoices, DEPro Benelux shall be entitled to recover the delivered goods immediately and without any prior notice or notice of default. DEPro Benelux reserves the right to suspend its obligations until such time that the customer has fulfilled its payment obligations.
Retention of title
All goods delivered shall remain the property of DEPro Benelux until the customer has fulfilled all obligations arising from the agreement concluded.ComplaintsComplaints must, at all times and within a period of no more than 14 days following the document date, be described clearly and in writing, and DEPro Benelux must also be informed thereof in writing. It is incumbent upon the customer at all times to prove that the complaint relates to an agreement between both parties. The lodging of a complaint does not relieve the customer of its obligations.
Under no circumstances may DEPro Benelux be held liable by the customer for non-compliance with its obligations in cases of force majeure. Force majeure includes, but is not limited to weather and climatic conditions, lightning strike, flood, storm, war, riots, strike, sit-down strike, trade union or employee disputes, accident, fire, difficulties or increased costs due to efforts to locate workers, materials or transport, or other circumstances that hinder the delivery of goods through the normal supply chain or production channels or that impede the delivery of the goods through the normal route or means of transport, such as unexpected power, electricity, internet, computer and telecoms disruptions, computer viruses and government measures. In the event of force majeure, DEPro Benelux may terminate the agreement without any compensation or, with the customer’s consent, establish a new delivery period.
All agreements are subject to Belgian law. In the event of a dispute, the courts of the judicial district in which DEPro Benelux has its registered office shall have jurisdiction.
Should one or more of the provisions of these general terms and conditions prove to be null and void, this shall not affect the other provisions. A provision declared null and void shall be replaced by a provision that most closely approximates the intent of DEPro Benelux at the time at which these terms and conditions were drawn up.