- APPLICATION AREA
ECOBETON WATER TECHNOLOGIES NV (hereinafter “ Ecobeton ”) does not accept any other terms and conditions than these, unless expressly agreed and confirmed in writing by Ecobeton. Customers placing an order expressly agree to these terms and conditions. These general terms and conditions can also be consulted in full via www.eco-beton.be
- QUOTES AND COLLECTION ORDER
Only and exclusively the prices as stated in the agreement or accepted orders apply. Changes to the tax rates in the period between the conclusion of the agreement and the date of invoicing will be applied at the time of invoicing. The prices are exclusive of VAT. The VAT is borne by the customer.
The trade intermediaries do not bind Ecobeton under any circumstances. Notwithstanding the acceptance by the commercial intermediaries, every order or agreement is only binding after written confirmation from Ecobeton. Under no circumstances can Ecobeton’s commercial intermediaries collect the amount of invoices without a power of attorney from Ecobeton.
The offers are only valid for the characteristics described therein, with the exclusion of characteristics appearing on other documents that are not explicitly referred to. They remain valid for the specified term, unless Ecobeton deviates from this expressly and in writing.
An offer is only valid subject to approval of the commercial relationship with the customer by Ecobeton’s credit insurance company, otherwise it will lapse, even if it was accepted.
In the event of mandatory or accepted changes to agreements or official adjustments regarding wages, social security contributions, transport costs, as well as in the event of changes in raw material prices, Ecobeton reserves the right to change its prices, even after agreement, unless the goods are delivered within thirty days of order to be taken.
The product solutions that are the subject of an agreement must be collected within the stipulated period, otherwise Ecobeton can terminate the agreement at its discretion or demand the execution of it. If the term has not been determined, the goods must be accepted within one month of the order. If this term is exceeded, the complete order will be delivered and invoiced. Any additional transport costs as a result of this will be charged. In the event that an order has to be carried out by means of more than one delivery, Ecobeton has the right to immediately stop the deliveries still to be made in the event of non-payment of overdue invoices and to claim compensation for the already manufactured or purchased by Ecobeton but not yet delivered items.
The contract is formed when the customer accepts the offer.
Any order or change to an order is made in writing.
In the event of cancellation of the order, the customer must pay a compensation of 20% on the value of the canceled order, without Ecobeton having to prove that it has suffered a loss as a result. Ecobeton can demand a higher compensation if proof of the damage suffered. Cancellation of an order is only possible for standard product solutions that do not include options or customized solutions.
Pallets and/or stacking wood necessary for stacking the goods are always charged and refunded after return. If Ecobeton has to retrieve these goods itself, the full freight price will be charged.
- CUSTOMIZED PRODUCTS
Production can only commence after receipt of the approved construction drawings and/or reinforcement drawings. These are provided to Ecobeton by the customer free of charge. If necessary, Ecobeton can also provide these drawings, subject to a price to be determined in advance. In principle, deliveries are foreseen 28 days after the production date. Premature deliveries are the responsibility of the customer.
When ordering the customized products, the customer must pay 35% of the total sum as an advance. Payment of the balance is determined in joint consultation.
Plans submitted to Ecobeton for implementation are executed by Ecobeton under the overall responsibility of the customer with regard to licenses, models, patents and/or brands belonging to third parties.
- APPEARANCE OR DAMAGE TO ELEMENTS
A sample is submitted for approval at the customer’s request. Acceptance is noted in writing. All tests are always the responsibility of the customer. Any counter-tests are at the expense of Ecobeton.
Any comments regarding the appearance or damage to the elements can only be taken into account if they are expressly stated on the delivery note of the relevant elements. For packaged elements, these complaints must be communicated by email to firstname.lastname@example.org no later than 24 hours after delivery.
Repairs and/or replacements of damaged elements, the damage of which was not caused by Ecobeton, will be charged, plus the full transport costs in the event of incomplete freight.
The elements are completely finished in the Ecobeton workshops.
The cleaning of the elements after delivery and/or installation is at the expense of the customer.
- TRANSFER OF OWNERSHIP
All materials, goods and equipment, even after installation, remain the property of Ecobeton until full payment of the total price. Any advances paid remain acquired to Ecobeton as compensation for possible losses in the event of resale. Once the delivery has been made, the customer is responsible for any damage or loss that arises for whatever reason, even if it is due to accident or force majeure.
Ecobeton at all times remains the owner of all executed projects, studies, schemes, drawings, plans, processes, developments and analyses. Under no circumstances may these be disclosed to third parties. Any violation of the above implies compensation at the expense of the violator.
Ecobeton’s solutions are delivered within the usual tolerances.
Delivery ex works (collection at the Ecobeton factory in Sint-Truiden): acceptance of the product solution before departure.
Delivery free on site with or without installation (public and private works): by the commissioning board or by the customer. The acceptance by the customer or principal is deemed to have been made after delivery, unless written comments are received within 24 hours. After placement, the acceptance of the delivered goods is undeniably and definitively acquired.
Ecobeton may require the return of defective pieces. It reserves the right to replace or repair it at its expense. Consequential costs of any defects are not accepted.
Ecobeton’s warranty can never go further than the simple replacement of defective parts, to the exclusion of any other intervention.
If Ecobeton proceeds to repair or replacement, this does not imply any acknowledgment of a defect or any liability.
Repairing or replacing damaged elements can under no circumstances give rise to (partial) non-payment of the invoices or to fines for delay.
The delivery periods start to run from the date of the agreement on the implementation details. They are always communicated by way of information only and remain without commitment. No fine may be applied without the prior written consent of Ecobeton.
The date and time of delivery provided by Ecobeton are completely informative and, in the event of deviation, do not entitle the customer to claim any compensation or other sanction, unless expressly agreed otherwise.
Cancellation/change of a planned delivery must be communicated at least 24 hours in advance, during opening hours on working days.
If the order provides for delivery to the construction site, this can only take place if the access roads to the construction site are drivable and under the responsibility of the customer.
The unloading is done by the carrier, under the supervision of the customer. This takes place either at the construction site or at the place that the carrier considers to be the last available to him. The permitted unloading time is 30 minutes for a platform truck without a crane or a platform truck with a crane< 40 Tm. For every delivery with crane truck> 40 Tm, the permitted unloading time of 20 minutes per pit with a maximum of 1 hour for the full load applies.
The unloading time starts on arrival at the gate of the yard. The customer will pay any possible demurrage from the arrival. The additional unloading times will be charged at the applicable rate.
The customer must ensure that the place of delivery is properly accessible and passable with the trucks. The customer does not have the right to claim any compensation from Ecobeton, nor from one of its transporters, if there is a breakage or other damage to the entrance, entrance or exit of their property, due to poor condition or due to narrow passages. If the trucks move on the property of third parties or rental land of the customer, this is at their request and at their responsibility, and the customer is in any case obliged to indemnify.
In order for the delivery to run smoothly, the customer will ensure that the pit is ready when the driver arrives at the site. Any delay will entail waiting hours which will be charged to the customer.
The driver reserves the right at all times to refuse a placement if this could cause damage to material or personnel.
In order to be able to place, the pit must be prepared in advance by the customer’s concerns. The trucks, equipped with a crane, must be able to approach the lateral side of the pit with the rear of the truck up to +/- 1 m.
Unloading and placing is at the expense of the customer. The customer pays the necessary attention on the construction site to stacking, trading and protection.
The elimination of various facilities for unloading, placing or manipulating on the construction site are at the expense of the customer and can therefore never be recovered from Ecobeton. Elements should be placed with a slow-acting crane. Angle between elements and cable during lifting must never be less than 60°.
The joint seals and connections are to be carried out by the contractor himself.
In any case, the installation instructions of Ecobeton must be followed, otherwise any warranty on the product solutions will lapse.
- FORCE MAJEUR
In the event of force majeure, Ecobeton has the right to suspend the execution of the agreement or to terminate the agreement in whole or in part immediately without judicial intervention, without the customer being able to assert any right to compensation or other sanction. If a case of force majeure occurs, Ecobeton will inform the customer as soon as reasonably possible.
Force majeure is understood to mean any circumstance independent of the will of the parties as a result of which compliance with the agreement can no longer reasonably be expected of Ecobeton by the customer. Ecobeton can in any case invoke the following circumstances as force majeure (non-exhaustive list): strikes by the staff, strikes at auxiliary persons or suppliers, non-performance or delays by suppliers or auxiliary persons, disruptions and difficulties with transport, government measures, climatic conditions, serious shortages of raw materials, epidemic, fire or serious damage to the buildings of Ecobeton, cyber attack, and a terrorist attack or a serious threat thereof.
Payment of invoices must be made in cash, unless other conditions are expressly permitted in writing. All invoices that are not paid within the agreed term will be increased by law and without notice of default, with an interest of 1% per month.
In the event of non-payment, the customer will be obliged to pay, in addition to the principal amount and the interests referred to in the previous clause, a fixed and irreducible compensation, up to a maximum of €1,500.
- PROCESSING OF PERSONAL DATA
The personal data communicated by the customer are processed by ecobeton water technologies to enable the proper execution of the agreement and to allow the management of the customers. Personal data will be treated confidentially and under no circumstances communicated to third parties, unless explicit permission has been given for this or in case of communication to technical/logistics service providers to allow the delivery of the products/services.
The customer has (in certain cases) a right of access, correction, erasure, limitation of processing, portability, limitation and opposition. These rights can be exercised by means of a dated, written or electronic request (with a copy of the identity card). If the customer believes that the processing of his/her personal data would constitute an infringement, he/she has the right to lodge a complaint with the data protection authority.
The integral privacy statement can be consulted via www.eco-beton.be
If any provision or part of a provision of these terms and conditions or an agreement concluded in implementation thereof should be void, invalid or unenforceable, this cannot give rise to the nullity, invalidity or unenforceability of the remaining provisions (or parts thereof) of these Terms or any agreement entered into in execution thereof and this agreement shall continue to apply between the parties except for the void, invalid or unenforceable provision or part of any provision. In such case, the void, invalid or unenforceable provision or part thereof will be replaced by operation of law by the legal, valid and enforceable provision that most closely approximates the original provision or part thereof in terms of content, scope and intent.
- LAW AND JURISDICTION
These general terms and conditions and the agreements with Ecobeton of which they form part are subject to Belgian law (with the exception of the United Nations Convention on Contracts for the International Sale of Goods).
Depending on the legal provision regarding absolute jurisdiction, only the courts of the district of Hasselt have territorial jurisdiction with regard to all disputes and disputes of whatever nature that may arise between the parties.