1. Our general terms and conditions as set forth here are deemed to be accepted by the customer even if they should be in contradiction with his own general or special terms and conditions. The latter can bind us only if we have given our express consent to this effect. Each contract, even if it is confirmed by an agent of N.V. Pouleyn, is concluded under the condition precedent of a. research into the financial condition of the buyer, who must offer adequate guarantees for the seller and b. (tacit) approval by the managing director. If, within a period of 15 days after the agreement, no protest is formulated by the N.V. Pouleyn, the order is deemed to have been accepted.
2. By signing the offer, the customer acknowledges having been fully informed about all technical aspects of the offered products (including all components such as glass, panels, type of profiles, handles, etc.). The customer acknowledges that he fully understands the descriptions of the products and services as described in the offer (or contract) and acknowledges that anything that is not explicitly set forth in the offer will not be performed by NV Pouleyn. The contract is limited to the works and/or products to be delivered that are listed in the latest offer. If the definitive measurements make it clear that changes in the design or in the dimensioning are necessary, these will be charged in accordance with the latest price list of NV Pouleyn. If the definitive measurements make it clear that, on the basis of NV Pouleyn's own judgement, the ordered joinery cannot be performed for technical reasons (e.g. because of restrictions, standards, etc.), NV Pouleyn is not obliged to carry out the works and NV Pouleyn can dissolve the contract, without any form of compensation (damages). If the defintive measurements cannot be performed on a single occasion (e.g. in the absence of blue stone, walls not completed, etc.) NV Pouleyn can charge a lump-sum amount of 150 euros per extra measurement.
3. Price lists, documentation, catalogues or samples are given only as information, but can never entail any obligation, unless expressly provided otherwise. N.V. Pouleyn reserves the right to use other materials with the same technical characteristics as those initially proposed. Our offers are valid for 1 month. If the execution takes place 3 months or later after the signing of the contract, we reserve the right to have the prices recalculated according to the then-applicable market prices, or at a minimum according to the ABEX price revision index of the construction industry.
4. All studies, plans, documents, sketches, drawings, samples and designs remain our property, protected by the intellectual rights, even if they were developed specially for and/or with the customer. Once turned over to the customer, they may not be misused by either the customer or third parties.
The customer is liable for any possible abuse, and the N.V. Pouleyn reserves the right to claim damages. This amounts, at a minimum, to 30 % of the contract amount. The above-mentioned documents must be returned at first request.
5. If the contract is cancelled by the customer, the latter shall owe a compensation that is equal to the works already performed and the already-purchased materials for the worksite involved, increased by damages of 30% on the total contract price. If no works were yet delivered by the N.V. Pouleyn, a minimum compensation of 30 % of the total contract price is owed. Should the N.V. Pouleyn cancel the contract, it shall also owe the above-mentioned compensation to the private customer; this compensation is not owed within the context of professional clientele. On the other hand, the NV Pouleyn reserves the right, without prejudice to its right to damages, to cancel the contract if the customer does not (in a timely manner) fulfil his obligations, whether in the whole or part. In this case, the customer must - immediately and at the latest 48 hours after receipt of the notification - make the identifiable goods available to the NV Pouleyn.
6. If, at the orderer´s request, the invoice is issued in the name of a third party, the orderer remains jointly and severally bound together with the third party vis-à-vis the N.V. Pouleyn to fulfil all obligations deriving from these general terms and conditions. Partial invoices can be drawn up in proportion to delivery of the goods or advancement of the works. An amount of 50 € will be charged for each administrative change (name, address, etc.) after invoicing.
7. Our performance period is not binding. In so far as it should be agreed and compulsory, this can in any case only apply to making the worksite wind- and watertight, not to the finishing works. A delay of the delivery and/or installation cannot give rise to any damages. Force majeure, bad weather delay, lock-out, strike, war, epidemic, etc. release us from any responsibility. The prices of the orders are accepted under reservation of all cases of force majeure, including abnormal price increases imposed on us by the suppliers. In these cases, the orders shall be invoiced in accordance with the conditions of the price list applicable at the time of the delivery, regardless of the price for which they were confirmed or whatever our delivery period may be.
8. The goods are sold in the condition in which they find themselves. Complaints regarding deliveries and (as applicable) installations must be submitted to us by registered letter within 8 days after receipt of the invoice. No goods whatsoever will be taken back without prior approval on our part. Beyond this, goods can only be taken back if the return shipment is done under good conditions and in the original packaging. Any goods taken back are credited with a reduction of 20% of the invoiced value, without obligation on the part of the N.V. Pouleyn to demonstrate any damage. Custom-made goods may not be cancelled under absolutely any circumstances.
The above-mentioned period of 8 days is thus equated with the sole and definitive acceptance. Visible defects are thus covered following expiry of the above-mentioned period. If a provisional acceptance was contractually provided for, visible defects or conformity defects are covered by the provisional acceptance. For latent defects, the N.V. Pouleyn guarantees latent defects that manifest themselves during a period of 1 year beginning as of the provisional acceptance, if this was provided for, or upon the final delivery as described above. Latent defects are presumed to have been present at the time of the acceptance. The guarantee does not apply for defects that are the result of poor maintenance or damage caused by the customer or third parties. NV Pouleyn can, in accordance with its own judgement, make structural modifications or use other brands of glass, locks and handles or type of wood etc., provided that the execution is in accordance with the technical agreements made and in so far as this does not essentially change the characteristics of the ordered goods. Colour differences in the wood (e.g. in case of false centres, dead wormholes, nail holes in case of lacquer work, etc.) cannot be regarded as a defect.
9. The payment must be made in Vichte, upon delivery, unless agreed otherwise in advance and in writing. If an invoice is not paid in a timely manner, the N.V. Pouleyn reserves the right to interrupt execution of any work yet to be performed until the invoice has been paid and financial security has been offered for payment of the balance of the works, all of this without any compensation possibly being owed to the customer for this. N.V. Pouleyn shall itself determine whether and when the works can recommence, without any compensation due to delay being owed for this. If the N.V. Pouleyn suffers damage (whether direct or indirect) due to this suspension, the customer shall have to compensate this. If necessary, the N.V. Pouleyn can cancel the balance of the works yet to be performed. In that event the compensation shall be owed as provided in article 5. Incomplete delivery of an order may not give rise to refusal of payment for the already-delivered goods. Cancellation fees are also payable in Vichte.
10. If professional clients fail to settle their invoices in a timely manner, interest of 1 % per month is owed ipso jure and without any prior formal notice of default. In addition, a flat fee of 15 % of the still-due amount is also owed ipso jure and without any additional prior formal notice of default, with a minimum of 125 €, notwithstanding the late-payment interest. In the event of untimely payment of an invoice, all other debt claims on the customer that are not yet due shall also become exigible ipso jure.
In the event of late payment an initial free reminder is sent to the customer-consumer. If the customer consumer fails to remit within the stipulated timeframe states in the initial reminder, interest on arrears will be charged at the applicable interest rate increased by eight percentage points in accordance with the Law of 2 August 2002 on combatting late payment in commercial transactions, starting from the calendar day following the day the initial notice was sent to the consumer. In addition a fixed compensation will be due as follows: (1) 20 € when the outstanding balance is lower than or equal to 150 €; (2) 30 € plus 10% of the amount due on the bracket between 150,01 and 500 € when the outstanding balance is between 150,01 and 500 €; (3) 65 € increased by 5% of the amount due on the bracket above 500 € with a maximum of 2000 € if the outstanding balance exceeds 500 €. The reminder costs for each additional reminder are 7,5 € increased by the postage costs applicable at the time of sending. The aforementioned clause concerning the customer-consumer is reciprocal in that it also applies if or when the company commits a failure similar to the one sactioned against the consumer.
11. The risk of the goods transfers to the customer upon their delivery. Without prejudice to the customer´s risk relating to the goods, we reserve title to the delivered goods until the price has been fully paid. The paid advances remain acquired as compensation for any losses upon resale.
12. Our contracts are governed by Belgian law. All disputes of whatever nature shall fall under the exclusive jurisdiction of the courts of the judicial district of Kortrijk.
13. Guarantees are limited exclusively to repair or replacement of the product. No other cost, indemnification or consequential damage whatsoever may be imposed on N.V. Pouleyn. The re-installation costs (work and travel) are always borne by the customer. The 10-year guarantee on double glazing entails that a free replacement window is delivered after examination and acceptance of the complaint. The same applies for the guarantee on electrical and mechanical parts (2 years). In the event that N.V. Pouleyn functions as an intermediary (e.g. glass, motors, etc.), the guarantee on the delivered goods is limited to that which was granted to us by the manufacturer. The maintenance instructions are provided to the customer together with the advance invoice, and payment thereof constitutes acknowledgement of having received these instructions.
14. Information relating to U-values of profiles, glazing, coverings will be provided on simple request. A detailed report can be requested subject to a fee of 150 € per file.