GENERAL TERMS AND CONDITIONS
1. These general terms and conditions apply to all offers, orders and agreements for goods and/or services, unless explicitly agreed otherwise. The client's general terms and conditions do not apply, unless explicitly accepted in writing by SoftAdvice BV..
2. All offers are non-binding. The (delivery) terms are indicative. Exceeding the predetermined term does not give rise to any compensation.
3. Our invoices are payable in CASH by bank transfer to our bank account BE54 0016 1154 8397 at BNP Parisbas. In the event of non-payment of the invoices on the due date, interest on arrears at a rate of 15% per annum of the invoice amount shall be payable by operation of law and without notice of default from the due date. A fixed compensation of 12% of the invoice amount shall also be payable, with a minimum of €75.00.
4. Expenses related to the collection of unpaid bills or checks are not included in the fixed compensation and will be charged separately.
5. Disputes between the client and SoftAdvice BV, of whatever nature, do not give the client the right to suspend payment.
6. The goods delivered to the client remain the property of SoftAdvice BV until the moment of full payment by the client.
7. The client is responsible for the use and correct application of the equipment, the software and the services to be provided by SoftAdvice BV, as well as for the administration and calculation methods to be applied and for securing the data. The client is obliged to make a backup of the data before any intervention by SoftAdvice BV.
8. SoftAdvice BV accepts no liability for the equipment and software that it obtains from a supplier on behalf of the client. All recourse must be sought by the client against the supplier, whose warranty conditions the client can make use of. Any liability, on any grounds whatsoever, of the supplier for trading loss or other indirect damage, including damage due to loss of profit, missed savings or loss of data, is explicitly excluded. Otherwise, the supplier's liability is limited to a sum equal to the amount that would be owed for the delivered goods and/or services, with a maximum of €2450. For damage to the software, the supplier's intervention only consists of reinstalling the software based on the backup to be made available by the client. Repairs outside the scope of the guarantees will be charged by the supplier.
9. Persons acting as clients or representatives who act for another person or on behalf of a company are personally liable to SoftAdvice BV in the event that the third party or the company refuses to honor the agreement.
10. In the event of disputes, the courts of the district of TURNHOUT shall have exclusive jurisdiction.
11. The risk of loss, destruction or damage to equipment shall pass to the client from the moment of delivery at the entrance of the installation address, regardless of the cause of loss or damage.
12. All comments or complaints must be made in writing within eight working days, under penalty of nullity or lateness.