These general terms and conditions apply to all legal relationships between Thomas Hoogwerkers BV, with registered office at 1785 Merchtem, Brusselsesteenweg 136, RPR Brussels, Dutch-speaking section, company number VAT BE(0)400.752.035 (hereinafter “Thomas Hoogwerkers”) on the one hand, and its customers on the other hand (hereinafter collectively the “Parties”). Deviations from these general terms and conditions can only be made in writing, whereby the customer cannot invoke article 5.74 of the New Civil Code regarding the imprevisement doctrine.
Our rates, offers and quotations are non-binding and without obligation. They become binding only after the Parties have signed a written agreement. Until the agreement is signed, Thomas Hoogwerkers reserves the right to refuse an order, and rates, offers and quotations remain subject to price changes.
If the agreement is signed by several (legal) persons, each signatory is jointly and severally liable for the fulfillment of the commitments entered into. Therefore, Thomas Hoogwerkers may at any time claim from each of the signatories separately the full performance of the agreement.
Unless otherwise stipulated, the agreed prices are exclusive of VAT. Thomas Hoogwerkers is entitled to pass on changes and/or additional charges in the prices imposed by the government, manufacturer or supplier, even after the agreement has been made. Thomas Hoogwerkers also reserves the right to revise the agreed price due to unforeseen increases in fire and raw material prices, materials and wages. The customer may cancel his order if necessary. Under no circumstances can the customer invoke Article 5.97 of the New Civil Code on price reduction.
The stated delivery times are indicative. Exceeding the delivery period does not entitle the customer to compensation or dissolution of the agreement. From the moment the goods leave the warehouse of Thomas Hoogwerkers or its suppliers, the risk for the goods is transferred to the customer.
The customer undertakes to receive the ordered goods on the delivery date provided for in the agreement. If the delivery date is not met, the customer will be notified in due time. If the goods are not taken on the scheduled delivery date, a new, final delivery date will be sent to the customer by registered mail within eight days. If the goods are not taken on this date, the customer shall owe compensation in the amount of €125.00 per day. In any event, the risk passes to the customer as of the scheduled delivery date.
At the time of acceptance of the goods, the customer must carry out an initial inspection regarding, inter alia, the conformity of the delivery and any visible defects. The customer must submit complaints, under penalty of cancellation, within 48 hours after delivery and in any case before commissioning to Thomas Hoogwerkers in writing and stating reasons. All complaints based on hidden defects must, under penalty of expiry, be communicated within one month after delivery, and within 8 days of their discovery, by registered letter and giving reasons. For consumers, the legal warranty period for hidden defects applies. If no complaints are communicated within these periods, the customer is deemed to have approved and accepted the delivery. The warranty or indemnification for hidden defects shall in no case apply if the damage was caused by incorrect use or faulty maintenance. Are always excluded from any warranty by Thomas Hoogwerkers: the electrical equipment, tires, springs, odometer, bodywork, accumulator battery and others which are subject to supplier warranty conditions. Complaints do not give the right to suspend the payment obligation. If the complaint is justified, Thomas Hoogwerkers will, at its discretion, either repair or replace the goods or compensate up to the invoice amount. The customer is not entitled to additional compensation. In case it concerns second hand goods, the goods will be accepted in the state in which they are, and no guarantee of any kind will be given, unless otherwise stipulated. For consumers, the legal warranty regulations for second-hand goods apply.
Force majeure means: every unforeseeable circumstance independent of the will of Thomas Hoogwerkers as a result of which fulfillment of the agreement can not reasonably be demanded by the customer. Force majeure includes in any case: delay or default by suppliers; scarcity or sickness of labor, materials and goods; inability to deliver as a result of governmental order or legal requirement; inability to deliver as a result of fault or intent of subordinates or third parties engaged by Thomas Hoogwerkers; war, weather delays, pandemics or aggravations thereof; transportation difficulties; breakdown of machinery and/or tools; other malfunctions in the business of Thomas Hoogwerkers or its suppliers. Cases of force majeure exclude any possibility of obtaining compensation, regardless of the extent to which the performance of the contract is affected. As long as the force majeure circumstance persists, Thomas Hoogwerkers is at least entitled to suspend its services without any compensation being due to the customer. If the force majeure circumstance results in the performance of all or part of the commitments of Thomas Hoogwerkers becoming permanently impossible, it is entitled to terminate the agreements with the customer, without any compensation being due to the customer. The occurrence of situations of force majeure does not give the customer the right to terminate the agreement or suspend payments of due invoices.
Invoices are payable no later than 14 calendar days after the invoice date. Payment shall always be made unconditionally, without any unilaterally determined discount, deduction, set-off, withholding or suspension, for whatever reason. Payment shall be made to our bank account as stated on the invoice.
In the event of failure to pay in full within the scheduled payment period, the customer shall automatically and without prior notice be liable for interest on arrears at the rate of one percent per month, with each calendar month started being counted as a full month. In the event of non-payment within one month of the expiry of the payment term, the customer shall, in addition to the interest on arrears, be charged a lump-sum reimbursement for the administrative and collection costs incurred to collect the amounts due, consisting of a lump-sum compensation amounting to 20 per cent of the total outstanding amount, with a minimum of 75,00 Euro; to be increased by 40.00 Euro per reminder and to be increased with any other costs incurred such as the involvement of third parties in order to obtain the amicable and/or judicial collection of the amounts claimed. In case of late payment, any payment terms granted to the customer shall also expire, making all invoices fully and immediately payable.
The goods, which are sold by Thomas Hoogwerkers, remain the property of Thomas Hoogwerkers until full payment of all outstanding invoices. The customer is only the holder of the goods for such time and may not alienate or encumber them. The goods, which are rented out by Thomas Hoogwerkers, remain the property of Thomas Hoogwerkers at all times.
The liability of Thomas Hoogwerkers will never extend beyond the invoice amount, nor exceed the amount of the benefits of the insurance policies entered into by Thomas Hoogwerkers. The liability of Thomas Hoogwerkers is in any case limited to the liability mandatorily imposed by law. The destination of the goods by the customer or a third party designated by him is done under the full responsibility and at the risk of the customer. The customer can also not claim indemnification by Thomas Hoogwerkers for: indirect or indirect damages (such as but not limited to loss of income, environmental damage, loss of business and damage to third parties or any consequential damages caused by the goods).
The costs related to the installation, maintenance or repair of the goods shall, unless otherwise stipulated, always be borne by the customer, even during the guarantee period.
Except for the right of revocation with respect to goods purchased remotely, as regulated by Book VI Market Practices & Consumer Protection of the Economic Law Code, there is no right of revocation on the part of the customer. If Thomas Hoogwerkers nevertheless allows a return, this will be done under the conditions imposed by Thomas Hoogwerkers, and at the customer’s expense.
The parties may decide to terminate the agreement entered into between them in the following circumstances, to the extent permitted by law: a) by mutual consent, b) for breach of contract: either party may terminate the contract, with written notice and with immediate effect, if another party commits a material breach of any provision of the contract, which is irreparable or which, if remediable, has not been remedied within 30 days of a written request to that effect (or, if it is not feasible to remedy the breach within that period, if no reasonable steps have been taken within the 30 days to remedy the breach of contract), c) for insolvency: either party may dissolve the Agreement, with written notice and with immediate effect, if another party is unable to pay its debts or has appointed a provisional or judicial administrator or liquidator (or in each case mentioned above, the equivalent in another jurisdiction) or convenes a meeting of creditors or, for any reason, ceases its operations. If the dissolution of the Contract occurs on the initiative of the customer based on reasons for which we are liable, we shall remain entitled to the portion of the fees corresponding to the portion of the goods delivered up to the date of dissolution, without the customer being able to invoke Article 5.90(2) of the New Civil Code on anticipatory dissolution, nor Article 5.239 of the New Civil Code on the (anticipatory) exception of non-performance.
The personal data (name, address, email phone number, …) of the customers are processed by Thomas Hoogwerkers at its headquarters in the framework of the contract for the purpose of performance of the contract, customer administration and after-sales service, direct marketing, both by ordinary and electronic mail, if and to the extent the persons concerned have given their explicit and prior consent. This consent may be revoked at any time by the customer concerned free of charge by written notification to Thomas Hoogwerkers. Customers may inspect their data at any time and, if necessary, have it corrected or deleted, through a simple request with proof of identity addressed to Thomas Hoogwerkers. For questions or complaints regarding data processing, customers can always contact the Data Protection Authority, Printing Press Street 35, 1000 Brussels. However, customers may not object to the processing of their personal data if it is necessary for the performance of Thomas Hoogwerkers’ contractual obligations.
The invalidity or nullity of a provision or part of a provision of the general terms and conditions shall not affect the validity of the remaining provisions or parts of provisions. This applies even if a provision is held to be unwritten. The provisions that are affected by nullity or invalidity remain binding for the part thereof that is legally permissible.
All disputes of any kind arising directly or indirectly from our agreements fall under the exclusive jurisdiction of the courts of the Arrondissement of Brussels. All our agreements are governed by Belgian law.
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