Terms & Conditions
GENERAL SALES CONDITIONS
Article 1: Object and scope
These general sales conditions apply to all sales contracts that you conclude with LeanFlow. By concluding a sales contract with LeanFlow, the buyer declares to have known and accepted the general terms and conditions of sale. Additional and / or deviating conditions of the buyer are only enforceable if they have been confirmed in writing by LeanFlow. In that case, our conditions of sale apply to all points that have not been explicitly deviated from.
Article 2: Studies, quotations, agreements
The quotations of LeanFlow have a validity of 1 month, after which they are subject to price changes.
Studies, drawings, plans, designs and other documents made available to the customer remain the property of LeanFlow. They may not be transferred to third parties, offered for inspection or copied. The customer is liable for any abuse and LeanFlow reserves the right to claim compensation.
When the customer requests that LeanFlow perform additional work, it accepts that the additional works are not included in the quotation and will therefore be invoiced additionally.
An order is only binding if it is accepted by us expressly and in writing. Cancellation of the order can take place no later than 5 days after the placing of the order, subject to the payment of a termination fee equal to 20% of the value of the agreement, notwithstanding the right of LeanFlow to claim compensation for its actual damage.
Article 3: Execution, delivery, deadlines
The start of your project is determined in consultation. If we ask you an advance, the period within which the activities are started will at the earliest depend on the time at which the advance is received.
We do our very best to keep turnaround times as short as possible. The specified delivery dates are, however, purely indicative. Delay in the performance of the work or delivery of the goods does not entitle the customer to compensation or dissolution of the contract. Cases of force majeure (exemplary machine breakdown, strike, lack of raw materials due to non-delivery by own suppliers, etc ...) also exclude any claim for compensation, irrespective of the extent to which the execution of the agreement is influenced by it.
The buyer must ensure that the services and / or the goods can be delivered and installed by LeanFlow in a normal manner at the agreed place and the agreed time, thereby ensuring, among other things, the accessibility of the delivery point. If this is not met, the buyer is obliged to compensate the seller for all damage, including the waiting hours, storage costs and costs for the maintenance of the goods.
If LeanFlow, as a result of a cause independent of its will, is definitively in the impossibility of executing an accepted order, it can terminate the contract by means of an ordinary notification, without this giving rise to compensation.
Article 4: delivery, guarantee and liability
The buyer must check the delivered goods / services immediately. Any defects must be reported to LeanFlow as soon as possible and at the latest 5 calendar days after delivery by means of a registered letter. After this period, LeanFlow only guarantees hidden defects that render the item unsuitable for the use to which it is intended, insofar as the goods have not been processed and as far as LeanFlow knew or should have known the defects. The buyer notifies LeanFlow within no more than 5 calendar days, after discovering the hidden defect, of the existence of the hidden defect by means of a registered letter with a detailed description of the defect. Complaints for hidden defects do not suspend the payment obligation on the part of the buyer.
Are not regarded as visible defects or as a lack of conformity: slight differences in the dimensions of the goods, insofar as these are unavoidable from a technical point of view or are generally accepted or characteristic of the materials used.
The liability of LeanFlow for hidden defects is limited to one year after the delivery of the goods, to the extent that the guarantee of the supplier of LeanFlow has not yet expired.
With the exception of what has been described in the previous paragraph, LeanFlow is not obliged to any compensation whatsoever, which would be directly or indirectly the result of goods delivered or sold by us, except in case of serious error or intent. The tightness of LeanFlow is in any case limited to 50% of the invoice value of the delivered goods / services that caused the harmful event. In no case can LeanFlow be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, capital costs, limitation of return or any other losses or consequential damages, both to the buyer and to third parties. LeanFlow is relieved of all liability and responsibility for the proper functioning and safety of the installation, if third parties carry out work on this installation.
LeanFlow does not bear any responsibility for the error of appointees, even in case of intent or serious error. In the latter case, the buyer must address the person directly.
The warranty does not cover (i) damage due to insufficient or lack of maintenance, (ii) damage due to misuse or incorrect handling of the products, materials and devices, (iii) damage caused by force majeure, (iv) damage by a third party. action or the deliberate error of any person, including the buyer or his appointed and (f) frost or moisture damage.
Possible transport complaints must be addressed to the relevant transport company by means of an indication on the consignment note.
Article 5: payment
Unless expressly agreed otherwise in writing, the invoice is payable within eight calendar days after the invoice date, without any discount or costs for us, including VAT. Discount cash is not allowed.
In the event of default of all or part of the price, the outstanding amount will be automatically and without any notice of default being required, with an annual interest of 12% and a lump sum compensation of 10%, with a minimum of 50 EUR. Each non-payment entails the eligibility of the outstanding invoices and gives LeanFlow the right, after notice of default, to suspend any future deliveries or to dissolve the agreement, without prejudice to the right to compensation.
Article 6: Price of the goods
Unless explicitly agreed otherwise in writing, the prices are calculated for the goods ex factory. All additional costs of transport, customs clearance and taxes are at the expense of the buyer.
All works, deliveries, working hours that are not explicitly stated in the specifications and quotations, will be charged separately to the standard direct rate. If the customer wants a reorder or change of the works to be carried out, he must request this in writing and only counts a written agreement.
The working hours are always based on the normal working hours (8 am-5 pm) of the appointees of LeanFlow. For works outside these hours and outside normal working days, the statutory increases will apply. For all performances -
except for works where a flat-rate price (work, material, relocation) was recorded - the travel costs (fuel and car cost of the car), the travel time to and from the company's seat, as well as transport & handling of the material are charged. .
Are not considered as normal working days: Saturdays, Sundays, public holidays, annual holidays and compensation days.
Price revisions are possible due to unforeseen increases in fire and raw materials, materials and wages.
Taxes are calculated according to the information provided by the customer that remains responsible for any incorrect information.
Article 7: Reservation of ownership
Goods remain the property of LeanFlow until full payment of principal, costs and interest. Nevertheless, the risks of loss or destruction of the goods sold will be borne in full by the buyer from the moment the transport of the goods is started.
The default of one of the amounts due on the due date may result in the recovery of the goods.
Any advances serve to compensate the damage suffered by LeanFlow and have thus been definitively acquired. Minus value on delivered goods will be charged.
The ownership will be transferred to the customer once it has paid all outstanding invoices.
Article 8: Purchase obligation on the part of the buyer
After the sales agreement has been concluded, the buyer is obliged to purchase the purchased goods. The buyer must proceed to the purchase within a period of 30 days from the written notification from the seller showing that the goods are ready for delivery or collection.
If the buyer does not respect his purchase obligation, LeanFlow is entitled to either force the purchaser to take delivery or to dissolve the sale in whole or in part, whereby the buyer owes 25% of the sales price as a fixed fee to LeanFlow, and this without prejudice to the right from LeanFlow to claim additional compensation if the actual damage exceeds the fixed-rate damage.
Article 9: Competent court and applicable law
All our agreements are governed by Belgian law. Any disputes that arise within the framework of this agreement can only be brought before the courts of Ghent or Bruges.
The nullity of a clause, even in part, does not result in the invalidity of the other general terms and conditions of sale.