General terms and conditions
“BUSINESS BIKE SOLUTIONS BV”
Article 1. Area of validity
1.1
The following terms and conditions apply to all contracts that are concluded between BUSINESS BIKE SOLUTIONS and the customer. Other or deviating provisions from the customer, even if they are mentioned on his order forms or any other document, only apply if BUSINESS BIKE SOLUTIONS expressly agrees with this provisions in writing.
1.2
With the acceptance of the tender of BUSINESS BIKE SOLUTIONS, the customer declares to have taken notice of the terms and conditions of BUSINESS BIKE SOLUTIONS and declares to accept them.
1.3
All contracts are considered to be concluded at the registered office of BUSINESS BIKE SOLUTIONS.
Article 2. Concluding of the agreement
2.1
The tenders of BUSINESS BIKE SOLUTIONS are binding for 30 days, unless BUSINESS BIKE SOLUTIONS has mentioned otherwise in the tender.
2.2
The contract is concluded between BUSINESS BIKE SOLUTIONS and the customer by the written consent of the customer with the tender of BUSINESS BIKE SOLUTIONS.
2.3
If the customer places an order by telephone or orally, the contract is concluded when the customer receives an order confirmation of BUSINESS BIKE SOLUTIONS and doesn’t protest the order confirmation within 2 days.
Article 3. Prices
3.1
The prices mentioned in the tender of BUSINESS BIKE SOLUTIONS are in Euro and without VAT, unless it is expressly mentioned differently in the tender of BUSINESS BIKE SOLUTIONS.
3.2
The tenders of BUSINESS BIKE SOLUTIONS are based on the material costs and supplier prices that apply on the moment of the concluding of the agreement. BUSINESS BIKE SOLUTIONS has the right to adapt, in the case of changed material costs and supplier prices, the prices mentioned in its tender, when the material costs and supplier prices have increased by more than 10 %. BUSINESS BIKE SOLUTIONS will inform the customer of this price increase. The customer is considered to accept the price increase if the customer doesn’t cancel its order in writing within 2 days after the notification by BUSINESS BIKE SOLUTIONS.
Article 4. Right to make modifications
4.1
BUSINESS BIKE SOLUTIONS has the right to make technical modifications to the ordered products as long as these modifications don’t exceed the quality tolerance range. Illustrations and descriptions of the products in the tender of BUSINESS BIKE SOLUTIONS, may deviate from the delivered goods in this extent.
Article 5. Transfer of risk and packaging and shipping
5.1
The risk of loss of or damage to the goods shall pass to the customer when the goods are delivered to the customer.
5.2
The packaging- and shipping method will be determined by BUSINESS BIKE SOLUTIONS.
5.3
The costs of the packaging and shipping of the goods, will be borne by the customer.
Article 6. Delivery times
6.1
If any delivery times are mentioned by BUSINESS BIKE SOLUTIONS, these delivery times are only indicative and can be changed by BUSINESS BIKE SOLUTIONS at any time.
6.2
In the case that BUSINESS BIKE SOLUTIONS has expressly agreed to binding delivery times, BUSINESS BIKE SOLUTIONS will only be liable for the violation of the delivery times, if the delay is caused by the actions or the negligence of BUSINESS BIKE SOLUTIONS, and only if BUSINESS BIKE SOLUTIONS has received a notice in advance and fails to perform within a period of fifteen workdays starting from this notice. BUSINESS BIKE SOLUTIONS will not be liable in any way, if the delay is caused by events outside the control or will of BUSINESS BIKE SOLUTIONS, for example a delay in the deliverance by the suppliers of the components required for the product or any other event that prevents BUSINESS BIKE SOLUTIONS from finishing the order that cannot be accounted to BUSINESS BIKE SOLUTIONS.
Article 7. Acceptance of the goods
7.1
The customer immediately has to check the quality of the goods carefully after delivery and is bound to report any faults immediately and at last five working days after delivery, this in writing. In the absence of such notification, the goods are considered to be accepted by the customer.
7.2
If the goods are returned to BUSINESS BIKE SOLUTIONS due to an asserted fault, the customer is bound to give a proper description of the fault. The customer is also bound to return the goods in proper packaging, including the accessories of the good.
7.3
If the customer doesn’t return the goods to BUSINESS BIKE SOLUTIONS as described in article 7.2, BUSINESS BIKE SOLUTIONS has the right to charge the costs that have to be made to determine the exact fault. Any delay resulting from the violation of article 7.2, is borne by the customer.
Article 8. Payment
8.1
The invoices of BUSINESS BIKE SOLUTIONS have to be paid by the customer within the days like mentioned into the tender after the date of the invoice of BUSINESS BIKE SOLUTIONS.
8.2.
If the customer doesn’t respect a payment deadline, a default interest of 10% per year is due by the customer, without that BUSINESS BIKE SOLUTIONS has to send any notice of default to the customer. In the case of exceeding a payment deadline, the customer also has to pay a lump sum indemnity of 10% of the invoice of BUSINESS BIKE SOLUTIONS with a minimum of 125,00 EUR.
8.3
The customer hasn’t got any right of retention, nor the customer can execute any compensation, whatever their grounds.
8.4
With his payment, the customer acknowledges that the goods have been delivered in accordance with the tender of BUSINESS BIKE SOLUTIONS and that the goods show no faults.
Article 9. Force majeure
9.1
If BUSINESS BIKE SOLUTIONS is hindered to perform its duties by force majeure, this is an event outside the control or will of BUSINESS BIKE SOLUTIONS, for example a delay in the deliverance by the suppliers of the components required for the product or any other event that prevents BUSINESS BIKE SOLUTIONS from finishing the order that cannot be accounted to BUSINESS BIKE SOLUTIONS, the obligations of BUSINESS BIKE SOLUTIONS will be temporarily suspended.
9.2
If BUSINESS BIKE SOLUTIONS is hindered for more than three months to perform its duties because of the aforementioned force majeure, both parties are allowed to terminate the agreement, without the parties having any right on compensation because of the termination of the agreement. If BUSINESS BIKE SOLUTIONS has fulfilled a part of its duties before the force majeure, BUSINESS BIKE SOLUTIONS is entitled to invoice these performances separately to the customer.
Article 10. Liability
10.1
BUSINESS BIKE SOLUTIONS isn’t in any way liable for damages incurred by the customer, if the customer has handled the goods on a way that isn’t in agreement with a normal use of the good or has modified the hardware or software of the good so that the good is significantly different from the good that has been delivered by BUSINESS BIKE SOLUTIONS. In this case BUSINESS BIKE SOLUTIONS is no longer liable for any faults in the goods or damages that occur from the use of the goods. The customer is bound to inform its customers about the aforementioned liability restrictions of BUSINESS BIKE SOLUTIONS.
10.2
BUSINESS BIKE SOLUTIONS isn’t in any way liable if the goods delivered by BUSINESS BIKE SOLUTIONS don’t work properly for their intended use due to components that have been ordered by the customer or have been ordered by BUSINESS BIKE SOLUTIONS upon express request of the customer, so without the recommendation or approval of BUSINESS BIKE SOLUTIONS.
10.3
BUSINESS BIKE SOLUTIONS is only liable for intent and gross negligence, as well when BUSINESS BIKE SOLUTIONS is addressed on a contractual basis as well when BUSINESS BIKE SOLUTIONS is addressed on a non-contractual basis.
10.4
In the case that BUSINESS BIKE SOLUTIONS is liable, the liability of BUSINESS BIKE SOLUTIONS is limited to that damages, from whom the customer can prove the causal relationship with the (non-)contractual fault of BUSINESS BIKE SOLUTIONS.
10.5
The in this article mentioned limitations on the liability of BUSINESS BIKE SOLUTIONS also apply to the administrative or management bodies of BUSINESS BIKE SOLUTIONS and the employees of BUSINESS BIKE SOLUTIONS.
10.6
The liability of BUSINESS BIKE SOLUTIONS is limited to the amounts that have been invoiced to the customer by BUSINESS BIKE SOLUTIONS. No additional compensation can be demanded from BUSINESS BIKE SOLUTIONS.
Article 11. Reservation of Ownership
By way of derogation of article 1583 of the Belgian Civil Code, the delivered goods, even if they have been combined with other products to form a unit, remain the property of BUSINESS BIKE SOLUTIONS, until the invoices of BUSINESS BIKE SOLUTIONS and any additional costs connected to this invoices, are fully paid.
Article 12. Complaints
On pain of preclusion, every complaint about the invoices of BUSINESS BIKE SOLUTIONS, needs to be handed over by registered letter to BUSINESS BIKE SOLUTIONS, within 8 days after the date of the invoice of BUSINESS BIKE SOLUTIONS.
Article 13. Applicable law
The Belgian law shall apply to every agreement that is closed between BUSINESS BIKE SOLUTIONS and the customer.
Article 14. Jurisdiction
Every dispute that may rise between BUSINESS BIKE SOLUTIONS and the customer, will be settled by the courts of Antwerp.
Article 15. Validity
If any of the above mentioned conditions is declared null or invalid, the validity of the other conditions of this general terms and conditions, remains unaffected. The parties will replace the invalid condition by a valid provision with the nearest possible effect.