The customer acknowledges and accepts the terms and conditions. They have priority over the terms and conditions of the customer. Except when an explicitly otherwise agreement is made, no deviation from these terms and conditions is possible. Max Climbing can unilaterally change these terms and conditions at all times.
Article 1. General
Article 2. Offer – order form
The offers and order forms are effectual for 15 days. They expire automatically and legally if they are not accepted in writing by the customer within 15 days after the date mentioned in the offer or order form.
An order, in accordance with the terms and conditions and the prices mentioned in the offer or order form, is only binding for Max Climbing in case of a written acceptance of the customer within the foreseen term.
Every change in the order will involve a revision of the price in the offer or order form. Additional labour, services and products, which are not mentioned in the offer, will be billed separately.
The possible shipping costs which are charged to the customer, are not included in the prices mentioned on the offer or the order form and are calculated separately.
Article 3. Invoice
The invoices are without exceptions payable within eight days after the date of the dispatch of the invoice. The payment can be made by bank transfer or in cash at the office address of Max Climbing.
The prices on the invoice are expressed in Euro and exclusive of VAT.
Each payment is charged to the oldest outstanding invoice.
Article 4. Merchant
According to article 5, first section of the Law dated 2 August 2002 concerning the fight against late payment in commercial transactions late fees are owed. The late fee amounts 15 percent until the day of full payment.
In case of nonpayment on the due date, Max Climbing has the right to repayment of the cost of recovery in application of law dated 2.08.2002 concerning the fight against late payment in commercial transactions. The extrajudicial costs of recovery amount to 15 % of the principal amount of the overdue invoice. The judicial costs of recovery are equal to the actual cost borne by Max Climbing.
Article 5. Non-merchant
In case the customer is a non-merchant, late fees are owed which begin to run from the due date of the owed invoice, without prior notice of default. The late fee amounts to 15 percent until the day of full payment.
Article 6. Compensation
In case of nonpayment on the due date, and this independent of the late fees and the court costs, each still owed sum will be legally and without prior notice of default increased with a compensation of 10 %, with a minimum of 50 euro. Moreover, in each case of nonpayment of the invoiced advance of 50% on the due date, Max Climbing has the right to cancel or postpone the contract. The customer can never claim any compensation or late fee of any kind for this.
In case Max Climbing wouldn’t fulfill its obligations, except the exceptions provided in the current terms and conditions, among others things article 9, Max Climbing is held to reimburse the customer in the same way as defined above in this article.
Article 7. Cancellation
The customer does not have the possibility to cancel the offer or order form he accepted. In case of cancellation Max Climbing has, by way of flat-rate compensation for the by her suffered damages, right to 30 % of the agreed total price, net of any advances paid.
Max Climbing has right to claim a higher compensation when the actual damage exceeds the expected flat-rate compensation.
Article 8. Defects
In case of direct sales by Max Climbing to the consumer the provisions on legal guarantee in accordance with article 1649bis BW and further apply.
Every complaint concerning the invoice has to be reported to Max Climbing within 8 days after the sending of the invoice, in writing and registered.
Once the aforementioned deadlines have passed, respectively the products, labour and the invoice will be considered definitive.
Article 9. Liability
The total liability of Max Climbing and its appointees will be at all times limited to the value of the delivered goods as mentioned on the invoice, unless the liability of Max Climbing and/or its appointees result from deceit, intentional fault or serious fault.
Max Climbing can in no way be held liable for the compensation of intangible, indirect or consequential damages.
Max Climbing is not liable for its own minor fault, neither for the even serious or intentional faults of the intermediates that offer the goods of Max Climbing for sale.
Max Climbing is in no way liable if damage is caused that is not only due to a defect in the product, but also because of a fault or negligence of the consumer/intermediate or of a person for whom the consumer/intermediate is responsible.
Max Climbing is in no way liable for any consequences that would arise from the placing of a product on an unsuitable surface.
Max Climbing is not liable for potential damage that would arise from the bad execution of labour, delivery, placing etc. executed by an intermediate at the final customer.
Only the consumer and/or intermediate is liable for the specific use he makes of the purchased goods and/or the purposes for which he uses these goods.
Article 10. Delivery
Max Climbing commits itself to deliver the ordered products within a period of 4 weeks. However the provided delivery deadline is approximate, though never binding.
The delivery deadline moves up as there are cases of inevitable accident or other unforeseen events, among others insurrection, blockade, strike, illness and the lack of own deliveries by suppliers and malfunction within the company.
The delivery deadline can therefore never give reason to a compensation, except when can be proven that the delay or non-compliance is caused by a serious negligence or willful misconduct on the part of Max Climbing.
Every shipment of an order will take place at the expense of the customer, transported on his behalf and under his responsibility.
Article 11. Retention
The delivered goods remain the property of Max Climbing until the full payment of the full sum, costs and interests; all prices mentioned in the offer are exclusive of VAT, unless otherwise stated.
Article 12. Applicable law and territorial jurisdiction
All contracts are considered as completed on our business address. They are governed by Belgian law. In case of dispute, only the courts of the judicial district of Ghent are qualified.