Art 1 - Offers
The RAAK bvba is only bound by an offer after it has been confirmed in writing. If combined estimates are split, the prices can be modified. Unless otherwise mentioned, an offer is valid for 30 days
Art 2 - Rights
The instructing party is supposed to be authorized to place orders. The instructing party safeguards the RAAK bvba against any third party, with regard to the order. Unless otherwise agreed upon, the creations by the RAAK bvba remain the property of the RAAK bvba. Their use and reproduction are only authorized by previously written consent.
Art 3 - Approval of execution
As mentioned in the offer, the instructing party is entitled to receive a prototype, a test version or a trial version. The approval of execution signed by the instructing party, discharges the RAAK bvba from any responsibility with regard to errors in the creation which would be found afterwards.
Art 4 - Storage
Unless otherwise agreed upon, the RAAK bvba is not held responsible to store creations and/or work files.
Art 5 - Term of delivery
All terms of delivery are indicative. As far as the instructing party cannot prove any gross error by the RAAK bvba, the former can not refuse late deliveries and these cannot lead to any compensation whatsoever. The terms of delivery will be extended as long as the instructing party fails to supply the requested information. Terms of delivery shortened on request of the instructing party, will lead to price variations
Art 6 - Complaints and responsibility
All complaints or queries shall be sent by registered letter within 8 days following the delivery or the refused delivery. RAAK’s responsibility is always limited to the (partial) refunding of the price for the non-conforming part of the order. The RAAK bvba denies any responsibility whatsoever, including the responsibility for possible damage that would be caused by it’s creations to persons or goods.
Art 7 - Cancellation
When the attributed order is suspended or cancelled on request of the instructing party, all performances and costs will be billed at that moment. This amount will be increased, on a flat rate basis, by a cancellation cost of 25% of the total price of the order, without exceeding this total price. Such cancellation or suspension can only be initiated by registered letter.
Art 8 - Material of the instructing party
The RAAK bvba shall manage and handle the material of the instructing party according to the ‘prudent man’ principle, but explicitly denies any responsibility concerning this material. Each transport of this material shall be executed at the risks of the instructing party. The RAAK bvba can charge costs for the storage after termination of the order. If the invoices are not paid on their expiry date, this material can be kept as guarantee or security.
Art 9 - Payment
Unless otherwise agreed upon, an advance of 30% will be billed when the order will be placed. During the presentation of the prototype, test version or trial version, another 30% will be billed. The balance will have to be paid at the time of delivery. The invoices of the RAAK bvba have to be paid within 30 days after the invoice date, unless otherwise mentioned on the invoice. On the expiry date, any sum due will be increased, without any prior notice and as of right, by an interest of 12%, a flat rate recovery cost (10% or at least 50,00€ per invoice) and possible judicial recovery costs. If one invoice is not paid on the expiry date, the RAAK bvba can claim the payment of all amounts due and suspend or end all current orders, without any further formalities.
Art 10 - Competence
In case one or several of the provisions of these general conditions are or become invalid or void, it will not affect the validity of the other provisions. The RAAK bvba will make all necessary efforts in order to avoid differences of opinion and disputes, or will try to settle them amicably. If necessary, only the Courts of the district in which the RAAK’s registered office is located, shall be competent.