1. Unless otherwise stipulated in writing, these general terms and conditions shall apply to all agreements concluded between ILUMEN BVBA and the CUSTOMER, including all orders carried out by ILUMEN for the CUSTOMER. These general terms and conditions exclude the application of any general or special terms and conditions of the CUSTOMER, unless ILUMEN has expressly agreed in writing to their application. Signature by ILUMEN of the CUSTOMER's order form shall never imply such express agreement. Notwithstanding any contrary provisions in ILUMEN's order forms, contracts or other documents, orders shall be placed only under the terms and conditions set out below, unless the documents contain special terms and conditions and expressly state them. Such special conditions shall apply only to that specific order and shall never be interpreted as being generally accepted. Verbal agreements are not accepted. All prices are exclusive of VAT. The VAT rate to be applied is determined on the basis of the information provided by the CUSTOMER. The CUSTOMER is responsible for the application of the correct VAT rate. If a different rate applies by law, the amount including VAT will be adjusted accordingly.
2. ILUMEN only works on installations approved in accordance with the AREI (General Regulations on Electrical Installations). ILUMEN declares that it has clearly communicated this to the CLIENT and that the CLIENT has confirmed that the installation complies with the AREI standards. ILUMEN does not accept any liability if it is later found that the installation did not comply with these standards. If necessary, ILUMEN can and may engage specialised subcontractors to carry out certain work under its responsibility. Additional costs will then be charged.
3. Any event making the execution of the works by ILUMEN temporarily or definitively impossible shall be considered as an enforcement measure and shall not give rise to any compensation by ILUMEN. The CLIENT shall not be entitled to lodge a complaint with ILUMEN if the latter is unable to meet the delivery and installation deadlines due to circumstances beyond its control (such as weather conditions, force majeure, late delivery of materials ordered by ILUMEN or late payment by the CLIENT). ILUMEN shall not be liable for any compensation in such circumstances.
5. Unless expressly provided otherwise in the order confirmation or invoice, all payments shall be made net cash at ILUMEN's registered office without any discount. The acceptance by ILUMEN of payment terms and/or bills of exchange shall never give rise to novation and shall not affect the collectability of the debt and of the interest and damages mentioned below. In the event of non-payment on the due date, the CUSTOMER shall owe a conventional late payment interest equal to 10% on an annual basis on the unpaid amount or, if higher, the interest due pursuant to article 5 of the Act on the Prevention of Late Payments (Commercial Transactions Act). If payment is not made by the due date, the outstanding balance shall be increased by operation of law and without prior notice of default by 10% by way of liquidated damages, with a minimum of €100.00, to be increased by the collection costs including lawyers' fees in accordance with Article 6 of the Act for the Prevention of Late Payments (Commercial Transactions Act). Any late payment or any late performance of any essential obligation by the CUSTOMER shall make the balance due on all other invoices, including those not yet due, immediately payable. ILUMEN is entitled to set-off and transfer debts or claims within its group of affiliated companies, including but not limited to BVBA Futech. To the extent necessary, the CUSTOMER expressly agrees to this arrangement.
6. In the event of cancellation or cancellation of the contract by the CUSTOMER later than 24 hours after ordering, we reserve the right to claim 30% of the contractual price, the minimum compensation is always EUR 500, as cancellation compensation plus the value of the work already carried out and/or due to ILUMEN's suppliers at the time of cancellation. This amount applies as compensation for technical and administrative preparation and aftercare.
7. Without prejudice to Articles 1138, 1583 and 1788 of the Civil Code, the goods delivered shall remain the exclusive property of ILUMEN until receipt of full payment of all sums due to it by the CUSTOMER. The CUSTOMER waives the right of accession under the Civil Code until he has paid all amounts due to ILUMEN in full. The CUSTOMER may not legally transfer or pledge ownership of the goods or use them as security or guarantee. However, the risk associated with the goods shall pass to the CUSTOMER at the time they are made available. The CUSTOMER shall inform all third parties - including any distraining creditors or his lessor who may exercise rights over the goods in particular by virtue of their storage or installation at a place which the CUSTOMER rents or occupies other than in the capacity of owner - that the products are and shall remain the property of ILUMEN until it has received full payment of all sums due by the CUSTOMER and in case of seizure or other measures by third parties, the CUSTOMER shall immediately notify ILUMEN in order to allow ILUMEN to exercise its rights. Failure by the CUSTOMER to comply with this obligation shall entitle ILUMEN to repossess the goods without prior notice and to charge the costs of repossession to the CUSTOMER. Insofar as necessary, the CUSTOMER irrevocably and unconditionally grants ILUMEN the right of access to the place where the goods are stored or installed. The CUSTOMER guarantees the proper storage and security of the delivered goods at the site. The CUSTOMER is responsible for damage to and loss of materials of ILUMEN present at the site. For all such matters, the CUSTOMER shall take out appropriate insurance, including against fire and storm damage, in each case with ILUMEN as the beneficiary of the insurance.
9. Unless otherwise agreed in writing, ILUMEN works on the basis of an obligation of effort and not an obligation of result. ILUMEN cannot guarantee a result at any time. In the case of a PV# installation, the parties declare that they are aware that the installation has a prior defect and that ILUMEN's work is specifically aimed at remedying it and improving its capacity.
10. Any complaint by the CUSTOMER must be made by registered letter within seven days of the delivery of the service or the delivery of the products which are the subject of the complaint. The letter must contain a precise description of the complaint and its link to the specific product delivered by ILUMEN. After this period, the CUSTOMER forfeits any further claim unless he proves that the shortcoming was not known within the seven days. In the latter case, the CUSTOMER shall submit the complaint by registered letter within seven days of becoming aware of the defect, accurately describing the complaint and indicating the time when he became aware of it. Within the same seven days, the necessary steps will be taken to verify the defect as soon as possible at the CUSTOMER's expense. ILUMEN will accept and attend these verifications provided that: A. it is notified by e-mail or registered letter in good time (no later than 48 hours before the verification); B. use is made of a recognised court expert. The CUSTOMER shall be obliged to follow and complete this amicable dispute resolution procedure before valid recourse to the courts. If a complaint is declared founded, ILUMEN's liability shall be limited to the replacement or repair of the identified defects free of charge. ILUMEN shall not be liable for any other compensation including but not limited to indirect damage. The commitments entered into by ILUMEN are obligations of means. No complaint of any kind shall ever entitle the CUSTOMER to suspend or defer payment of all or part of the invoiced amount.
11. If the agreement is broken, ILUMEN reserves the right to retain the amount paid in advance as compensation for administrative and technical preparations prior to the project.
12. ILUMEN provides a warranty for the product for hidden material and manufacturing defects of 2 years (CUSTOMER-consumer) and 1 year (CUSTOMER-dealer) respectively from delivery. This warranty is strictly limited to hidden defects of the product itself, excluding, among others, but not exclusively, consequential damage and installation costs. A. The burden of proof of the existence of a hidden defect in the product lies with the CUSTOMER. B. If the conditions of this warranty are fulfilled, ILUMEN shall have the right, at its sole discretion: either to replace the product, to repair the product, or to take back the product with credit and refund of the corresponding sales price to the CUSTOMER. To invoke the warranty, the CUSTOMER must notify ILUMEN by registered letter immediately after discovering the alleged defect. Furthermore, the invocation of this guarantee is only valid if the product is returned to ILUMEN in its original packaging and the applied seal has not been broken. In the event of wrongful invocation of this guarantee, ILUMEN shall charge the time spent in the amount of 50€ per quarter of an hour, without prejudice to ILUMEN's right to claim compensation from the CUSTOMER for all other costs and expenses. The guarantee provided by ILUMEN is strictly limited to the foregoing. The CLIENT hereby expressly waives the possibility of claiming the dissolution of the contract between the parties. The fulfilment by ILUMEN of its warranty obligation based on the aforementioned clauses shall constitute sole and full compensation and is thus acknowledged and accepted by the parties. All other claims, including compensation for costs of damage caused by accidents, damage to movable or immovable property, caused directly or indirectly to the Customer or to third parties, are expressly excluded from this warranty. Furthermore, the warranty shall not apply when the defects have been caused by normal wear and tear, defects, negligence or the incorrect, careless or inexpert use of the product by the CUSTOMER or third parties, the instructions of ILUMEN have not been followed, the product has been maintained or modified by third parties, the product has been maintained or repaired with materials or replacement parts not previously approved and authorised by ILUMEN. Furthermore, the foregoing warranty is valid only if the product was used with peripherals and accessories approved by Ilumen. Other added parts not approved in writing by Ilumen will result in exclusion from this warranty.
13.ILUMEN accepts no liability and is not obliged to compensate damages due to late delivery or late performance of services. ILUMEN cannot be held liable for goods sold that do not meet the purpose of the CUSTOMER. The warranty excludes software and virus problems. The warranty does not cover software not developed by ILUMEN. Components and/or systems sealed by ILUMEN or the manufacturer are not covered by the warranty if the seal has been damaged or removed. The warranty is void if repairs are carried out by a layman or if the goods are used in an incorrect manner. Devices that fail due to improper use or use in a damp or dusty environment are not covered by the warranty.
14. The nullity of one of the provisions of these general terms and conditions shall not result in the nullity of the agreement. In that case, the parties shall replace the void clause by a valid clause that, within the legal limits, has the same effect as the void clause.
15. All agreements of and between ILUMEN and its CLIENT shall be governed exclusively by Belgian law. The application of international treaties, including the Vienna Sales Convention, is expressly excluded.
16. The courts of the judicial district of Hasselt have exclusive jurisdiction to take cognisance of disputes between ILUMEN and its customers. However, ILUMEN reserves the right to bring proceedings in the judicial district of the place of residence or registered office of the contracting party. This provision also applies to contracts with parties subject to EU law, in accordance with the EEX Regulation. Exchanges will not cause a novation of debt nor affect this forum clause, even if the CUSTOMER resides elsewhere.
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