GENERAL TRADING AND PAYMENT TERMS AND CONDITIONS OF BVBA G & P QUALITY MANAGEMENT
The company G&P will carry out its assignments as a subcontractor of the client and will follow the stated trading and payment conditions. These terms and conditions are expressly acknowledged by the client when the order is placed. These general trading and payment conditions apply for the entire duration of the trade relationship. Deviations from these terms and conditions only apply if they have been explicitly agreed in writing. Without this explicit agreement, different terms and conditions will not be acknowledged by G&P. If one of the conditions is not legally valid, it will not affect the validity of the other conditions. If one of the conditions does not apply, the trading partners undertake to act in accordance with the agreement.
2. Origin of the agreement – payment
The agreement will only be concluded after the order from the trading partner has been expressly accepted by G&P or after the commissioned works have been carried out by G&P. The fee will be determined separately for each assignment. If no separate fee has been established, the fee will be calculated according to the standards on which the previous fee was calculated. Otherwise, G&P’s usual terms and conditions shall apply as agreed.
3. Delivery delay
G&P undertakes to carry out the assignments granted within the specified period. G&P cannot be held liable for delays in the execution. Nor can G&P be held liable for delayed deliveries as a result of force majeure.
4. Fee – Calculation – delay in payment
G&P calculates its fee to the client in accordance with the agreement whereby the client, unless otherwise agreed, receives a statement for the materials used, for the use of tools and machines and for the hours worked. The invoices are due 15 days after the invoice date. G&P is entitled to an interest of 12% per year on any outstanding invoice amount from the due date, without the customer having to be given notice of default, until the actual payment thereof. In addition, without notice of default, the outstanding invoice amount will be increased by 10%, with a minimum of [one hundred and fifty (150)] EUR by way of compensation for all collection costs and contractual damage, without prejudice to the right of the supplier to demand payment for all bailiffs and court costs. The payments are always used in the first instance for the settlement of the oldest debt and are always used with priority to settle the overdue default interest and any costs, including the fixed compensation.
The invoices are considered accepted if no written comments are made by the client within a period of 7 days after the invoice date.
De rekeningen gelden als aanvaard als binnen een periode van 7 dagen na factuurdatum door de opdrachtgever geen schriftelijke bemerkingen zijn gemaakt.
5. Interim settlements
GP is entitled to draw up suspense accounts after the completion of a separate part of the assignment or of the services. Likewise, G&P reserves the right to draw up suspense accounts after a certain period of time, e.g. at the end of each week.
Warranty claims by the client against G&P must be reported to G&P by registered letter immediately after the client has become aware of the facts. These claims do not affect G&P’s right to repair or replacement delivery. If this repair or replacement delivery does not offer a solution, the client has the choice to demand a reduction in value or termination of the agreement.
G&P cannot be held liable for damage caused as a result of the executed assignment, unless they can be charged with a serious error or can be blamed for willfully not fulfilling the agreement.
The client is prohibited from deducting its invoices from G&P’s settlement unless the client’s invoices have been approved by G&P or the client has an enforceable title.
9. Delay in payment and retention of title
If the client is behind with his payment, G&P can stop the execution of the work and suspend the execution of the assignments until the client has made his payments in full. The damage, or consequential damage, which has arisen as a result of this cessation of work or the suspension of the assignment, can never be borne by G&P.
10. Liability Insurance
G&P undertakes to insure itself against all possible claims for damage by the client or by a third party in connection with damage that has arisen as a result of the performance of their services.
11. Place of Jurisdiction – Applicable Law
Only the courts of Ghent are authorized to handle all disputes regarding the concluded agreements or consequences thereof and Belgian law will apply.