Terms and conditions
art 1. The below terms and conditions apply to all deliveries, unless otherwise agreed in writing. By concluding agreements with us, the buyer acknowledges having read the present terms and conditions and accepting them as an integral part of the agreement. Each signatory to an instruction for an order, collection or installation shall be jointly liable with the legal entity on whose behalf they act and is deemed to accept the general terms and conditions.
art 2. VAT is in principle never included in the price or offer but always included in the invoices.
VAT is always payable by the customer.
art 3. Invoices are payable without any discount on the due date; a letter of credit or a receipt does not waive this requirement. Late-payment interests at a rate of 8.5% per year shall be payable automatically and without any formal notice of default on all amounts that have not been paid on their due date, increased by the costs of collection amounting to €40 per invoice.
art 4. In case of non-payment of all or part of the debt on the due date as a result of negligence or bad faith or without serious reasons and after a formal notice of default has been served unsuccessfully, the balance of the debt shall automatically be increased by 12% with a minimum of €100.00 and a maximum of €1,850.00, even if respite is granted, by way of contractual penalty clause and without prejudice to any other expenses.
art 5. All collection expenses, including those resulting from judicial or extra-judicial reminders, shall be at the customer’s expense.
art 6. Non-payment of an invoice on the due date shall give rise to suspension of all current orders, performances and agreements, and shall also result in invoices that have not yet fallen due becoming immediately payable without any prior notice of default being required. The same shall apply in case of bankruptcy, apparent insolvency or any change in the legal situation of the client or the intermediary.
art 7. Any complaint related to an invoice must be filed in writing within eight days after dispatch of the invoice, under penalty of inadmissibility.
Any complaint related to a delivery or order must be filed in writing within eight days after delivery. In case the customer fails to accept delivery, the period of eight days shall start on the date of issue of the invoice, the dispatch note or any similar document. Non-compliance with the time limits related to complaints shall automatically result in the inadmissibility of the complaint.
Any response to a late complaint shall at all times be without prejudice to all rights and shall not constitute an acknowledgment prejudicial to the seller’s rights, nor shall it be construed as a waiver of these rights, which may be invoked by The eCloud Company at any stage of any dispute. Not all complaints shall be taken into account.
In case of justified claims filed in time, the seller’s responsibility shall be limited to an adjustment of the order. Partial use of the services provided shall result in acceptance of the entire delivery. Under no circumstances shall the seller’s financial liability exceed the amount payable to him for the services provided in the industry concerned.
art 8. The eCloud Company reserves the right to refuse or postpone performance of an order without the customer being entitled to any compensation.
art 9. All compositions and realisations designed by us shall remain our property and are protected by copyright.
art 10. Requests for cancellation or suspension of orders placed must be made in writing and shall not give rise to any exemption from payment, unless otherwise agreed.
art 11. All invoices are payable in cash at Brugge (Bruges). Payment by bill of exchange shall only be accepted upon prior approval on our part, without the possibility of changing the place of payment.
Discount charges and premiums shall always be at the customer’s expense.
art 12. In case of disputes, the courts of Brugge (Bruges – Belgium) shall have jurisdiction.
Only the seller can deviate from this rule.
The relations between the contracting parties are governed by Belgian law.