1. These general terms and conditions of DOBIT (hereafter called the “General Terms and Conditions”) apply to all offers made by DOBIT and to all agreements between DOBIT and the customer. The customer is considered to accept these terms and conditions unconditionally. These General Terms and Conditions always take precedence to the terms and conditions of the customer or a third party. All other terms and conditions than these General Terms and Conditions, as well as all deviations from and/or amendments to these General Terms and Conditions, even if coming from representatives of DOBIT, must be previously accepted in writing by DOBIT in order to have effect on DOBIT. Should any stipulation of these General Terms and Conditions prove to be entirely or partly null and void, all other stipulations will continue to be fully applicable.
2. DOBIT’s offers, as well as the data and addenda provided by DOBIT, are merely informative and do not bind DOBIT. The prices given in the offer apply for thirty days from the offer date onwards, unless expressly stipulated otherwise. On penalty of lapse, DOBIT must be informed in writing of any or alleged inaccuracies in the offers within five workdays of the offer date.
3. Any order of the customer will bind the customer, but DOBIT will only be bound after DOBIT’s written confirmation of said order. Any inaccuracies in DOBIT’s order confirmation must be stated in writing by the customer within five workdays of the order confirmation date. The planning and implementation of the order by DOBIT will only commence after payment of the advance, as stipulated in the order confirmation.
4. The delivery period is the period mentioned in DOBIT’s order confirmation. This delivery period is indicative and by no means binds DOBIT. The customer will take care of any permits required for the delivery and installation of the goods supplied by DOBIT. DOBIT expressly reserves the right to claim compensation for delivery and/or installation delays which are the consequence of the lack of the necessary permits. The customer must ensure that the location where the delivery and/or installation will occur is free and accessible, and will ensure that all utility connections are available.
5. All invoices are payable in cash, without any costs for DOBIT, unless expressly stated otherwise.
The customer’s payment obligation is not suspended by the submission of an even apparently founded complaint or legal claim regarding the goods and/or services delivered.
All DOBIT’s prices are in €, unless expressly stated otherwise, and are excluded from VAT.
Failing payment on the expiry date, a post-maturity interest of 10 (ten) % per year will be owed on the invoice amount, legally and without prior notice of default, from the invoice’s expiry date onwards to the date of full payment.
Failing payment on the expiry date, the invoice amount will also be increased, legally and without prior notice of default, with 10% by way of compensation, with a minimum of €125, without prejudice to any other rights which DOBIT may exercise.
In case of non-payment, DOBIT will also be entitled, without notice of default, to suspend all further deliveries to the customer and/or declare current agreements legally dissolved and/or immediately claim all outstanding invoices not yet expired and/or retrieve the goods already delivered, without prejudice to DOBIT’s right to claim compliance and/or compensation from the customer.
In case of non-payment, the customer also loses all rights to any discounts which may have been awarded.
In case of cancellation of an order by the customer, DOBIT is legally and without notice of default entitled to a fixed compensation amounting to 20% of the invoice amount.
6. DOBIT remains the owner of all the goods it delivered until full and complete payment of all amounts owed. After delivery and/or installation, and until the transfer of the goods’ ownership, the customer will handle the goods delivered with due diligence.
7. In case of an act of God, such as, but not limited to e.g. war, mobilisation, riots, martial law, strike or lock-out, fire, lightning, overvoltage, entire or partial stagnation of transport, sickness or accident of DOBIT’s staff, or interruption of operations or failure of DOBIT’s suppliers, DOBIT will always have the right either to suspend its obligations for as long as the situation involving an act of God lasts, or, if the act of God lasts more than six months, to dissolve the agreement, without DOBIT being obliged to pay a compensation in either of both cases.
8. DOBIT has the right to suspend its obligations under an agreement with the customer and/or dissolve the agreement at the customer’s expense in case of (1) the customer’s failure, such as, but not limited to the late payment of the price, either entirely or partly, and/or the entire or partial cancellation of the order by the customer; (2) in case of dissolution or liquidation of the customer, or if the customer ceases its operations, files for bankruptcy or composition, or in any case in which it becomes apparent that the customer’s credit is faltering.
9. DOBIT is exclusively liable for direct damage. DOBIT will by no means be liable for accidental or indirect damage which may be caused by the use of the products it delivered or of the related information and/or documentation, nor for any other damage not directly and immediately caused by a fault of DOBIT, such as, but not limited to, loss of income, damage claims of third parties, loss of data, damage and/or defects due to materials or information provided by the customer or a third party.
DOBIT will by no means be liable for defects of the material, hardware, peripheral equipment or software in which the products it delivered were implemented by or on the instructions of the customer.
With regard to direct damage, and only if compensation in kind is not possible, DOBIT’s liability against the customer and third parties will never exceed the amount the customer paid for the specific product which caused the damage.
10. All complaints regarding non-compliance and/or visible defects must be reported to DOBIT upon delivery and/or installation. DOBIT must be informed of any defects which may be hidden at the time of delivery, by means of a registered letter within eight days after their discovery.
11. These General Terms and Conditions and all agreements between DOBIT and the customer are exclusively governed by Belgian law. The courts of Turnhout are solely and exclusively competent to settle any disputes.