General Conditions
Application
These general terms and conditions define the conditions for the supply of products and/or services by BC MATERIALS CV, with registered office at 1000 BRUSSELS, Fabrieksstraat 32 and with company number 0702.917.527 (‘BC materials’) and the potential customer (the ‘customer’).
By placing an order, accepting an offer or order form or paying an invoice, the Customer declares to agree to these general terms and conditions, to the express exclusion of the Customer's own general terms and conditions. Any commencement of execution of an order, without any written objection by the customer, shall also constitute acceptance of these general terms and conditions.
Orders
Upon receipt of an order from a customer, BC materials makes an offer and/or order form, which is valid for thirty (30) calendar days. The agreement between BC materials and the customer is established by the acceptance of the quotation and/or order form or by the commencement of the execution of the order, without any express objection by the customer.
Prices
The prices and costs stated on BC materials' quotations are always exclusive of VAT. If an order is carried out on the basis of an hourly rate, the price stated in the quotation is only an estimate, an estimate to the best of one's ability, based on the data available at the time the quotation was drawn up.
Terms of Payment
Invoices are payable on the due date, unless otherwise agreed. Upon acceptance of the quotation by the customer or upon commencement of the execution of the order by BC materials, BC materials is entitled to ask an advance of a maximum of thirty (30) per cent of the price.
Comments on an invoice must be made in writing, by registered letter, to BC materials within a period of eight (8) days after receipt of the invoice.
If payment is not made on time, default interest of 8% will be charged ipso jure and without notice of default, as well as compensation of 10% of the invoice amount, with a minimum of EUR 75, and this without prejudice to the right of BC materials to claim higher compensation with proof of higher losses incurred. In case of non-payment or late payment BC materials furthermore reserves the right to suspend all further performances until full payment of the outstanding performances.
Retention of title
Products delivered by BC materials remain the property of BC materials even in the event of processing, mixing or incorporation, and this until full payment of the price, including any costs.
Delivery of services and production of materials
BC materials delivers its services and produces its materials to the best of its ability and according to the rules of the art. BC materials enters into a means commitment with regard to the intended results of its services, and does not in any way commit itself to a guaranteed result.
Unless otherwise agreed by the parties, products are delivered by BC materials to the address communicated by the customer. The Customer has the opportunity to inspect the products prior to acceptance. Acceptance of the products implies that the customer accepts the products irrevocably and without any reservation in the condition they are in. The products are transported at the customer's risk and execution and delivery deadlines are communicated for indicative purposes only, but are in no way binding on BC materials. Unless explicitly agreed in writing, a delay in the execution of an order or a delivery can never give rise to termination of the agreement, nor can BC materials owe any compensation to the customer.
BC materials' products are delivered on Europallets, the price of which is stated on the quotation. After delivery BC materials can decide to take back these pallets, provided they are in good condition in the opinion of BC materials, for the same price.
Technical Data Sheets
The technical data sheets of BC materials' products - which can be consulted at any time via the following link: www.bcmaterials.org- are an integral part of these general terms and conditions, so that by accepting these general terms and conditions the customer also accepts the technical data sheets. BC materials shall under no circumstances be liable for damage caused by incorrect use of the products by the customer or for damage caused by use of the products that does not correspond to their intended use. Use of the products that does not correspond to the intended use and/or to the technical characteristics as described in the technical data sheets is at the customer's risk.
The information on the technical data sheets has been compiled with the utmost care by BC materials. The information is intended to provide technical assistance to users. However, it in no way replaces the user's investigation into the suitability of the materials for a specific application. BC materials is not liable for any direct or indirect damage that may occur when using the materials. With each new edition of the technical data sheets, the validity of the previous edition expires.
Liability
BC materials can under no circumstances be held liable for any damage that may occur during the execution of the agreement. Except in case of intentional or gross negligence on the part of BC materials the total liability is in any case limited to the price received by BC materials for the execution of the order from which or as a result of which the damage would have arisen.
The customer indemnifies BC materials against all claims of third parties directly or indirectly related to the execution of the order.
Intellectual Property
The projects, studies, plans and offers drawn up at the request of the customer remain the property of BC materials and may not be reproduced, executed or communicated in any way without the prior written consent of BC materials.
Force majeure
BC materials shall not be liable for any direct or indirect loss incurred by the Customer as a result of the Customer's failure to perform, to timely perform or to fully perform its obligations under the agreement, to the extent that such failure is the result of force majeure. ‘Force majeure’ means any unforeseen circumstance, beyond the reasonable control of BC materials, which delays or prevents the performance of its obligations under this agreement. BC materials will notify the customer immediately and in writing if a force majeure situation occurs.
If BC materials is affected by a force majeure situation, its rights and obligations will be suspended for the duration of this force majeure situation. However, if the force majeure situation lasts longer than three (3) months, the agreement will be terminated, unless otherwise agreed by the parties.
Data Protection
By placing an order with BC materials, personal data of the customer may be processed. BC materials processes this personal data in compliance with the General Data Protection Regulation (‘Privacy Directive’ or ‘GDPR’). The person responsible for processing personal data BC materials. The data are kept by the responsible party for the period necessary for the organisation and processing of the orders, and at the latest until one (1) year after the end of the contract. The processed data will not be transferred to third parties. The customer has the right to access, modify and rectify or delete his or her data. This right can be exercised by sending a letter to the BC materials with a copy of the identity card attached. Should the customer have any complaints in connection with the processing of personal data, the customer is requested to contact BC materials. If a satisfactory solution still cannot be found, the customer can file a complaint with the Belgian Data Protection Authority.
Nullity
Should one of the provisions or part of a provision of these general terms and conditions be declared void or unenforceable, this shall not affect the validity of the remaining provisions. Where appropriate, the parties shall replace the provisions concerned by a new provision that is as close as possible to the original intentions of the parties.
Applicable law and disputes
The assignments, offers, agreements and invoices, as well as any dispute relating thereto, shall be interpreted and assessed in accordance with Belgian law. All disputes between the parties shall be subject to the exclusive jurisdiction of the courts of the district of Brussels.