Terms and Conditions
Article 1 Definitions
- JVL-Systems: JVL-Systems located in Oostakker under company number 0770244534
- Customer: the person with whom JVL-Systems has entered into an agreement
- Parties: JVL-Systems and customer together
Article 2 Applicability of general terms and conditions
- All our deliveries and works are subject to the following general terms and conditions of sale, which the customer expressly declares to know and accept.
- If one or more provisions in these general terms and conditions are declared invalid, void or annulled, the other provisions will remain in force. We will then replace the invalid, void or voided provisions with new provisions that correspond as closely as possible to the invalid, void or voided provisions.
Article 3 Prices and payment
- All prices charged by JVL-Systems are in euros and include VAT according to Belgian law. Quotations are made excluding any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
- Increases in the cost prices of products or parts thereof, which JVL-Systems could not have foreseen at the time of making the offer and/or concluding the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in 3.2, unless the increase is the result of a legal regulation.
- 4 The price relating to a service is determined by JVL-Systems on the basis of the actual hours spent.
- The price is calculated according to the usual hourly rates of JVL-Systems, applicable for the period in which the work is carried out, unless a different hourly rate has been agreed.
- If the parties have agreed on a total amount for a service provided by JVL-Systems, this is always a target price, unless the parties have expressly agreed in writing on a fixed price from which no deviations can be made.
- JVL-Systems is entitled to deviate from the target price up to a price increase of 10%.
- If the target price is more than 10% higher, JVL-Systems must inform the customer in a timely manner why a higher price is justified.
- If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
- JVL-Systems has the right to adjust the prices annually.
- JVL-Systems will communicate price adjustments to the customer prior to their implementation.
- The consumer has the right to cancel the agreement with JVL-Systems if he does not agree with the price increase.
Article 4 Payments and payment term
- Signing our quotation presupposes the following payment agreement:
20% deposit upon signing quotation
30% at the start of the works
the balance depending on the progress of the work.
Invoices are always issued for these amounts. - All our invoices are payable at our registered office. Unless otherwise stated in writing, our invoices are payable within fourteen calendar days from the invoice date. Any amount that remains unpaid on its due date will automatically and without notice of default give rise to interest calculated on the basis of the Belgian statutory interest rate increased by 4% and give rise to a right to compensation of 10% calculated on the invoice amount with a minimum of € 300.00 . Failure to pay a single invoice on its due date makes the balance due on all other invoices, even those that are not due, immediately due and payable by operation of law.
- Any complaints must be notified by registered post within eight days of the invoice date or delivery (whichever is the shortest period). Any subsequent complaint will not be accepted.
- In the event of unilateral termination of the assignment by the customer, an amount of 40% of the outstanding amount will in any case be due in accordance with the quotation, given the specificity associated with the assignment that will be carried out. If JVL-Systems can demonstrate greater damage, this can be claimed additionally.
OR
If the client revokes an assignment, he must pay the entire fee that would be due to JVL-Systems upon complete completion of the assignment, as well as all additional costs incurred up to that time. - If the client fails to meet the payment obligations, all rights transferred by JVL-Systems to the client within the agreement will be suspended until these payment obligations have been met. In that case, the client is not permitted to use the designs made available to him.
- If the customer is in default, he also owes JVL-Systems extrajudicial collection costs and any compensation.
Article 5 Intellectual property
- JVL-Systems retains all intellectual property rights (including copyright, patent law, trademark law, drawings and model rights, etc.) on all designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc. , unless the parties have agreed otherwise in writing.
- The customer may not copy, show and/or make available to third parties or use in any other way the aforementioned intellectual property rights without prior written permission from JVL-Systems.
- The copyright and the exclusive right of drawing or model with regard to the preliminary and final design and of the design drawings, models, working and detailed drawings as well as with regard to the subsequently manufactured copies of the product, all of which were developed by JVL-Systems, belong to JVL-Systems. As long as no further written agreement is entered into between JVL-Systems and the client regarding the transfer of copyright or the exclusive right of drawing or model, these rights remain with JVL-Systems
Article 6 Liability JVL-Systems
- If there is force majeure, as a result of which JVL-Systems cannot reasonably be expected to continue fulfilling the order, JVL-Systems has the right to terminate this order, without being obliged to pay any compensation or guarantee. In this case, he is entitled to a fee for the work performed up to that time and to reimbursement of the costs incurred up to that time and he is obliged to make the results achieved available to the client. If conduct or actions on the part of the client are the reason that JVL-Systems cannot reasonably be expected to further fulfill the assignment, then JVL-Systems, in addition to the right to terminate the assignment, is entitled to full fee related to the assignment.
- The liability of JVL-Systems for damage under an agreement with a client is always limited to the amount of the fee payable to JVL-Systems.
- JVL-Systems is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- If JVL-Systems is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- JVL-Systems is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
Article 7
- Belgian law applies to all agreements and obligations of JVL-Systems and only the courts of the location of the JVL-Systems company have jurisdiction.
- JVL-Systems is entitled to change or supplement these general terms and conditions.
- The Dutch general terms and conditions are the only ones that apply. Translated versions are for informational purposes only
Prepared on January 1, 2023