"A mighty flame followed a tiny spark"
1. Every agreement with TELECOM INTEGRATED TECHNOLOGIES NV (hereinafter: TELECOM IT) is governed by the following general terms and conditions, unless deviated from in the order form / quotation / agreement and to the exclusion of any other general terms and conditions of the customer.
2. The prices stated on the order form / quotation / agreement are, unless stated otherwise, exclusive of VAT and do not take into account taxes in general and taxes that are directly related to the goods and / or works and / or services. These taxes, levies, and costs are entirely borne by the customer
3. Additional works and their assignment therefor can be proven by any legal means. Additional work and changes in relation to the order form / quotation / agreement will be charged at the following rates unless agreed otherwise:
works / services on site during office hours: EUR 105.00 excl. VAT per hour
works / services on site outside office hours:
EUR 135.00 excl. VAT per hour
Remote works / services: EUR 30.00 excl. VAT per hour
transport costs for technicians: 0–15 km: EUR 0; 16-30km: EUR 25.00 excl. VAT; 31-45 km: EUR 50.00 excl. VAT; 46-60km: EUR 75.00 excl. VAT; 61-100km: EUR 125.00 excl. VAT; > 100km: EUR 225.00 excl. VAT
Add-on: EUR 15.00 excl. VAT
4. The specifications and price quotes are based on the currently applicable values of wages and materials. If these changes are made, TELECOM IT reserves the right to adjust the prices proportionally. Printing errors, material errors and account errors do not bind TELECOM IT and must be corrected.
5. TELECOM IT may require a sufficient advance or sufficient security from the customer to guarantee full payment of the price.
In the absence of payment of the forementioned advance or security, TELECOM IT can suspend the performance of its services without prior notice or notice of default.
6. The delivery period and / or execution period is always indicative and not binding unless otherwise stated in the order form / quotation / agreement. TELECOM IT can therefore in no case be obliged to pay compensation for failure to respect an indicative delivery period and / or execution period. If the indicative delivery period is exceeded by more than six months, the agreement can be terminated without the customer being entitled to claim compensation from TELECOM IT.
In the event of late payment of any amounts due by the customer, TELECOM IT has the right to postpone delivery and execution pending the customer's fulfillment of his obligations.
In the event of a possible binding delivery period and / or execution period being exceeded by TELECOM IT for reasons other than force majeure / unforeseen circumstances, TELECOM IT may be required to pay a maximum compensation of 10.00 euros per day of delay limited to an amount equal to at 10% of the price of the agreement.
7. With the exception of the possible guarantee for hidden defects, the liability of TELECOM IT can only be invoked in the event of fraud, intentional or gross error.
In the event of gross negligence on the part of TELECOM IT, its full liability as a result of this gross error is limited to a maximum of the price of the goods and / or works and / or services to which the agreement relates.
Under no circumstances can TELECOM IT be obliged to repair indirect damage, such as - but not limited to - loss of sales, interruption of activities, loss of data, loss of profit, commercial losses, loss of customers, damage to equipment, any increase in general costs, consequential damage that occurs as a result of, even temporarily and / or partially, failure of the functioning of the hardware or software supplied by TELECOM IT, such as telephone exchanges, data networks, and fixed and mobile devices that make communication possible and / or or generate alarms, or damage caused to third parties or goods of third parties. If TELECOM IT is addressed by third parties, the customer will fully indemnify TELECOM IT.
8. To be valid, any complaints regarding invoicing must be made known to TELECOM IT by registered letter within a period of 15 days. In the absence of complaints within the prescribed period, the customer is deemed to have irrevocably accepted the invoice (incl. The works / items to which it relates).
9. All invoices must, unless otherwise stated on the invoice, be paid within thirty calendar days following the date of receipt, which is deemed to have taken place three working days after the invoice was sent.
In the absence of timely payment by the customer, he is legally and without notice of default owed interest of 10% per year from the due date, as well as a lump-sum compensation of 10% on the principal due with a minimum of 150.00 euros.
TELECOM IT will be able to capitalize the interest due in accordance with Article 1154 of the Dutch Civil Code.
10. Every payment from the customer is charged in the first place on the interest. The allocation is also first made on the oldest debts.
The customer cannot rely on a set-off of debts with regard to TELECOM IT.
11. If the customer fails to meet one or more contractual obligations and / or legal obligations, TELECOM IT has the option to terminate the agreement immediately, on the understanding that any termination must always be preceded by the sending of a written notice of default to the customer. In which the customer is granted a period of 15 calendar days, counting from the date of shipment, to fulfill his contractual and / or legal obligations.
12. The agreement will be terminated by operation of law and without notice of default in the event of bankruptcy, request for deferment of payment, request for WCO procedure, liquidation, the appointment of a provisional administrator or sekwester or, in general, when the client has the object is of similar events.
In addition, TELECOM IT will always be able to suspend its own obligations if there is a strong suspicion that the customer will not fulfill its obligations. Thus, for example, TELECOM IT will be able to suspend its own commitments when the solvency of the customer is faltering and this until it has obtained sufficient financial guarantees from the customer.
13. If the customer terminates or cancels the agreement (in whole or in part), if the agreement cannot be carried out due to the fault of the customer, the agreement is terminated by TELECOM IT in accordance with Article 11 or if the agreement is terminated to the disadvantage of the customer. The customer owes TELECOM IT compensation of 40% of the total amount of the agreement in addition to compensation for any work already carried out and this without prejudice to TELECOM IT's right to prove and claim higher damage.
14. The customer was informed in detail by TELECOM IT which quality requirements the internal network, the computers, the internal cabling, the quality at the telephony and internet providers, switches, routers, firewalls, etc. must meet.
The customer was also explicitly advised that TELECOM IT cannot guarantee a faultless and uninterrupted operation of the installation / equipment since the installation is a chain consisting of various elements (router, telephone line, internet provider, etc.) where the chain is as strong as the weakest link.
TELECOM IT cannot be held liable under any circumstances for problems / malfunctions that would occur during the use of the equipment and which are the result of non-compliance with the quality requirements for the internal network, computers, internal cabling proposed by TELECOM IT , the quality of the telephony and internet providers, switches, routers, firewalls, etc.
In particular, TELECOM IT cannot be held liable under any circumstances for malfunctions in the network / equipment that can be traced back to the telephone and / or internet provider (for example, a shortage of bandwidth) chosen by the customer.
15. TELECOM IT, unless otherwise agreed, always has the right to entrust the execution of the agreement in whole or in part to third parties.
16. The intellectual rights with regard to goods and / or works and / or services remain the sole and exclusive property of TELECOM IT. The customer can only obtain the non-exclusive right of use of TELECOM IT for technical and commercial documents supplied to him under the agreement.
17. In the event of the possible total or partial invalidity of one of these terms and conditions or the provisions of the agreement, the other terms and conditions of the agreement remain unchanged. If applicable, the invalid condition / provision will be replaced by a valid provision that matches the actual intent of the parties as much as possible.
18. All agreements are governed by Belgian law. In the event of disputes, only the courts of the judicial district of West Flanders have jurisdiction, in particular the Ghent Enterprise Court, Bruges department.
In addition, the following specific general terms and conditions also apply in the event of sale:
19. In the event that no written delivery takes place, the customer will be deemed to accept the equipment without reservation, definitively and irrevocably, if he has not submitted objections by registered letter within eight working days following receipt. The same period must be observed by the customer for objections related to the installation and commissioning of the equipment. Under penalty of forfeiting redress, the customer must therefore report any visible defects to TELECOM IT within eight working days after receipt of the goods with regard to the goods and within eight working days after the installation and submission of the equipment for the works and / or services. From that moment on, TELECOM IT can no longer be approached for visible defects.
If a visible defect attributable to TELECOM IT is found, TELECOM IT will repair or replace the goods and / or works and / or services, or credit the invoiced price depending on the situation, excluding any claim for compensation.
20. TELECOM IT indemnifies the customer against hidden defects regarding the delivered goods and the performed works and / or services. The guarantee for hidden defects ends six months after the date of receipt of the goods and / or termination of the works and / or services or after the commissioning of the equipment / installation (if this would take place before the termination of the works and / or services).
The customer must notify TELECOM IT of any claim to the guarantee by registered letter within the shortest possible time, in any case within a period of eight working days following the customer's determination of the hidden defect or following the moment when the customer should have discovered the hidden defect.
The hidden defect must be determined contradictory. Any intervention, intervention or change made or implemented after the customer has established the defect, but before it has been contradicted by TELECOM IT, entails by law a recourse against TELECOM IT.
TELECOM IT is not liable for hidden defects in the event of deviant, abnormal or incorrect use of the installation / equipment / materials, as well as if the customer or third parties have made changes to the installation or have intervened after the completion of the work of TELECOM IT or intervened.
TELECOM IT's responsibility for hidden defects is strictly limited to repairing or replacing the goods and / or works and / or services free of charge, or crediting the invoiced price depending on the situation, subject to the provisions of Article 7 .
Moreover, any legal claim for hidden defects is only admissible if it is instituted within a period of three months following the customer's determination of the hidden defect or following the moment when the customer should have discovered the hidden defect.
21. Unless otherwise specified, TELECOM IT delivers the goods by making them available to the customer in its premises in Beernem (Ex Works INCOTERMS 2010). The customer is therefore responsible for all costs and risks associated with packaging, loading and transport.
22. The delivered goods remain the property of TELECOM IT until the moment of full payment thereof.
The risk of damage or loss of goods due to a fact not attributable to TELECOM IT is borne by the customer from the moment the goods are identified in the warehouses or workshops of TELECOM IT. Unless otherwise stipulated, the transport of the goods takes place at the expense and risk of the customer, even if TELECOM IT provides the transport.
23. Unless otherwise agreed, the Vienna Sales Convention does not apply to the agreement concluded between the customer and TELECOM IT.
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