- Generalities and definitions:
1.1 In these general terms and conditions, the “Service Provider” shall mean the b.v. Automotive Consultancy Services (A.C.S.). The “Customer” shall mean the other party that uses the services of the b.v. A.C.S. . The “services” shall mean the services that are the subject and/or part of the agreement with the b.v. A.C.S. .
1.2 These general terms and conditions shall take precedence over any terms and conditions of the customer. The general terms and conditions of the customer shall in no way be considered as tacitly accepted. All services provided by the b.v. A.C.S. shall therefore be subject to these terms and conditions unless otherwise agreed in writing and expressly agreed.
- Content of the services to be provided:
2.1 The service provider shall provide the service at the location agreed upon. In the absence of such an express agreement, the service that is the subject of the agreement will be provided at the location in the buildings of the service provider located in Kontich, Satenrozen 6A, unit 029.
2.2 The service provider will provide the services within the normal working days and hours for him, unless otherwise expressly agreed.
2.3 Appointments can be cancelled by the customer by telephone or e-mail at the latest 24 hours before the scheduled appointment. In such a case, the customer is liable for a fixed compensation of 50% of the agreed total amount, without prejudice to the right of the service provider to prove higher damages. In the event of a cancellation or postponement of the assignment less than 3 working days before the appointment date, the customer is liable for a fixed compensation of 25% (administration costs) of the agreed total amount, also without prejudice to the right of the service provider to prove higher damages.
- Prices and payments
3.1 The invoices of the service provider are payable net in cash, in the indicated currency and without discount.
3.2 The provision of services outside the normal working days and hours of the service provider will give rise to a price increase of 50% for services outside normal working hours and of 100% for services on Sundays, public holidays and collectively taken holidays.
3.3 Travel to and from the place of the service provision is included in the price.
3.4 Every invoice is considered accepted unless protested by registered letter within 8 days. Late payments will automatically and without notice of default be increased by the default interest of 12% per year. 3.5 Without prejudice to the provisions of point 3.4, in the event of non-payment of an invoice on the due date, all outstanding invoices, even those not yet due, will become immediately due and payable and will be increased by operation of law and without notice of default by 10% per year, with a minimum of €50, as a fixed compensation, without prejudice to default interest and legal costs.
3.6 The service provider reserves the right to immediately stop the work in the event of late payment of the invoice until payment of all outstanding debts. All costs resulting from this will be borne by the customer.
3.7 In the event of bankruptcy, the filing of a petition within the law on the continuity of enterprises, judicial liquidation or voluntary decision to actually cease or liquidate the customer’s company, the service provider has the right to terminate the agreement and claim compensation for the damage suffered by it, all this without judicial intervention.
- Customer obligations
The customer undertakes to present the vehicle, the accompanying on-board documents and other important information relating to the vehicle at the scheduled appointment. Delays resulting from the unavailability of one of these cannot be granted to the service provider.
- Obligation of effort
The service provider enters into an obligation of effort/means obligation and can only be held liable for his intentional error. Any compensation that may be owed by the service provider is always limited to the amount that was invoiced and received by him for the assignment in question, except in the case of intent.
- Applicable law and competent court
6.1 In the event of a dispute concerning the performance of the agreement, Belgian law applies.
6.2 The courts of the judicial district of Antwerp, Antwerp division, with the justice of the peace of the canton of Kontich, have exclusive jurisdiction to hear possible disputes.
