Art. 1 Application scope:
These general terms and conditions apply to all offers, sales and rental agreements and deliveries from, with and by AQUALEX, unless expressly agreed otherwise in writing.
No deviations from these general terms and conditions may be permitted, unless expressly agreed otherwise in writing.
Any general terms and conditions of the customer are expressly excluded.
The mere fact of acceptance of an offer, the conclusion of a sales or rental agreement or the receipt of a delivery implies the acceptance by the customer of the application of these general conditions.
Art. 2 Offers, sale and rental agreements:
Offers, contracts of sale and rental agreements as well as all other commitments entered into by AQUALEX are only binding if they contain the signature or written approval of a person who can validly represent AQUALEX.
Offers:
Offers are only valid until the date stated on the offer. After the expiry of the period of validity, the provisions of the quotation in question may only be accepted with the express written consent of a person legally representing AQUALEX.
Rental agreements:
Rental agreements are effective from the date of delivery or installation for a fixed period of 60 months. They are tacitly renewed for the same period of 60 months unless one of the parties terminates the agreement by registered letter with a notice period of 6 months. The aforementioned duration and terms of notice apply unless expressly agreed otherwise in writing.
If the contract is terminated prematurely due to the fault of the customer, AQUALEX reserves the right to charge a termination fee consisting on the one hand of the sum of the sums due (rental prices, maintenance prices, etc.) which, should the contract not have been terminated, would have been payable from the day of termination until the end of the contract and on the other hand of EUR 500 per hired device.
Art. 3 Installation:
The customer is required to carry out the necessary provisions as stipulated in the agreement at his expense prior to the installation of the device and any accessories. If the device is built-in, the customer must provide the necessary ventilation in the cabinet and/or room where the device is installed. If the customer has failed to take the above measures, AQUALEX will carry out these measures itself, at the customer's expense, in accordance with the hourly rates in force at the time.
AQUALEX will install the device and any accessories at the location and address indicated by the customer, the connection to the tap water (tap water only) must be carried out by the customer under his responsibility. The device and any accessories cannot be removed or moved without the prior written consent of AQUALEX.
The customer grants AQUALEX access to the place where the device and its accessories, if any, are to be installed, as well as when maintenance or repairs are to be carried out.
The stated installation times are merely approximate. Any delay in delivery shall not give rise to any indemnity on the part of the customer or to the cancellation of the contract by operation of law.
Art. 4 Device and its accessories:
The customer acknowledges to have been informed of the characteristics and conditions of use of the device as well as of any accessories such as a CO-2 bottle. The customer acknowledges and accepts that only CO-2 bottles supplied by AQUALEX may be used in the device.
The customer undertakes:
- not to use the device and its accessories, if any, for purposes other than those for which they are intended;
- to use the device and any accessories with due care;
- to use the device and any accessories in accordance with AQUALEX's instructions, the device and its accessories, if any, shall be:
- maintained; cleaning the drip tray, cap, drain,... at taps, cleaning the tap point,...
- kept clean and hygienic;
- protected from sunlight, other sources of heat and dust;
- kept indoors;
- regularly checked for its proper functioning by means of the parameters provided for that purpose in order to prevent unnecessary damage. If necessary, the customer informs AQUALEX immediately. In case of rental or purchase, AQUALEX will under no circumstances accept any damage caused by lime. Damage caused by lime is never included in the maintenance.
If a repair or replacement of the device and its accessories, if any, proves necessary due to negligence or misuse by the customer, the customer shall be responsible for this and shall be liable for all repair and replacement costs arising therefrom. The customer is not permitted to make any modifications and/or repairs to the device or to have them made, and the customer exclusively designates AQUALEX for this purpose.
If the device and any accessories are purchased, they remain the property of AQUALEX until full payment of the corresponding invoice amount.
When the device is purchased, a warranty of 2 years applies from the date of purchase unless the customer does not wish to purchase any maintenance. This guarantee does not cover working hours and transport costs.
If the device and its accessories, if any, are rented, the customer undertakes not to sell, sublet, pledge or transfer them and always to make it clear to third parties, if necessary, that the device is not his property. Furthermore, at the termination of the rental agreement, whatever the cause of the termination of the agreement, the customer must return the device and any accessories to AQUALEX in the same condition in which they were received, with the exception of normal wear and tear. To this end, the customer acknowledges having examined the device and any accessories and found them to be in perfect condition.
If the device is equipped with an accessory CO-2 bottle, the customer will be granted a right of use until the agreement with AQUALEX has been concluded. The customer must pay a one-time fee, the price of which is determined by agreement, within 10 days of Aqualex' request to do so. This one-time payment cannot under any circumstances be regarded as an advance payment or guarantee as described in article 7 of these general terms and conditions; it is AQUALEX's responsibility even if the right of use ends. Furthermore, the customer cannot claim any right of ownership on this CO-2 bottle.
Art. 5 Risk transfer:
As soon as and as long as the device and its accessories, if any, are in the possession of the customer, he bears the risk of theft, loss or damage. In case of theft, loss or damage, the customer shall immediately inform AQUALEX. The customer is responsible for any damage suffered by AQUALEX.
Art. 6 Prices and charges:
All prices mentioned are excluding VAT, unless explicitly stated otherwise.
Rental prices are indexed on the anniversary of the billing period in function of the consumer price index according to the formula:
(base rental price x new index figure)/initial index figure
- The base rental price is the agreed rental price.
- The new index is the index for the month preceding the anniversary of the entry into force of the relevant agreement.
- The initial index figure is the index figure of the month preceding the month in which the relevant contract was concluded.
Maintenance prices shall be determined by agreement or via the order form.
The client is responsible for the electricity and water consumption as well as for all possible taxes and other charges that may be levied on the device.
Art. 7 Advance payment and warranties:
AQUALEX reserves the right to ask for an advance and/or a warranty with regard to the services to be provided by it.
For private individuals: Unless explicitly stated otherwise in writing in the agreement, an advance invoice amounting to 50% of the tap/appliance ordered will be drawn up for private individuals after each order.
The final invoice relating to installation, maintenance, extra material etc. will be sent after delivery or installation.
The customer undertakes to pay the deposit and/or guarantee within 10 days of AQUALEX's request.
Neither the advance payment nor the warranty give rise to any interest on the part of the client.
The advance payment is considered to be a prior partial payment of the invoice amount due. The guarantee is considered to be a payment of a sum of money as security for the fulfilment of all obligations by the client, in the absence of which this warranty may be charged ipso jure and without prior notice of default against the amount owed by the client.
Art. 8 Invoicing:
All AQUALEX invoices are payable, without discount, within 30 days of the invoice date, unless expressly agreed otherwise in writing.
In the event of overdue payment of an invoice within the set period, as of the due date, a penalty interest of 12% per year will be due by operation of law and without prior notice of default, as well as a fixed compensation of 15% of the invoice amount still due, with a minimum of EUR 50, without prejudice to AQUALEX's right to claim a higher compensation subject to proof of higher damage actually suffered.
In the event of late payment of an invoice, all invoices not yet due will become payable by operation of law and without prior notice of default.
Reminder fees may be charged.
Invoice objections must be sent to AQUALEX by registered letter within 15 days of the invoice date.
Art. 9 Liability:
Under no circumstances can AQUALEX be held liable, unless due to intentional fault. AQUALEX as such is not liable for any form of damage.
AQUALEX cannot be held liable for any damage caused by the water coming from the water pipe, nor for the quality of that water.
In any case, AQUALEX's liability is limited to the amounts invoiced and effectively paid to the customer.
Art. 10 Applicable law and competent courts:
Belgian law is applicable. Only the courts of Kortrijk are competent.