CLUK BV - General Terms and Conditions (EN)

Article 1 - Applicability
 

1. These general      commercial terms and conditions apply to all quotations, orders, and      agreements relating to the supply and/or rental of goods and/or services      by CLUK BV ("CLUK") to the Customer. By proceeding with any      transaction, the Customer explicitly acknowledges and accepts these terms.
2. These terms      prevail over any conflicting terms proposed by the Customer unless      expressly agreed otherwise in writing.
3. These terms also      apply to agreements executed by third parties on behalf of CLUK.
4. If any provision      of these terms is found to be unlawful or unenforceable, the remaining      provisions shall remain valid.

Article 2 - Formation of Agreements

1. Quotations are      valid for 30 days unless stated otherwise and are non-binding. Prices exclude VAT unless otherwise noted.
2. Upon acceptance      of the quotation by the Customer (either expressly or implicitly by      execution), a binding agreement is formed.
3. For work not      confirmed with a formal order, the invoice serves as confirmation.
4. CLUK may reject      any order without providing justification.
5. Repetitive      transactions do not create rights beyond the specific agreement, except      for these terms which remain applicable.
6. Unit prices      indicated in quotations apply. Prices on websites or brochures are      indicative only.
7. Communication may      be lawfully conducted via fax and email.
8. Agreements are      conditional upon a satisfactory credit check. CLUK may require prepayment      or guarantees and may suspend obligations if not met.

Article 3 - Execution

1. CLUK will execute      the agreement to the best of its ability.
2. CLUK may assign      tasks to third parties.
3. The Customer must      provide necessary information in a timely manner. Delays caused by missing      data may result in additional costs.
4. CLUK is not      liable for damages resulting from incorrect or incomplete information from      the Customer.

Article 4 - Delivery

1. Delivery times      are indicative. Delays do not justify cancellation or compensation.
2. Goods are      delivered EXW (Ex Works) from CLUK's warehouse. Risk transfers upon delivery.
3. Partial      deliveries are allowed and may be invoiced separately.
4. Customer must      accept delivery when offered. Refusals may incur storage costs.
5. For work on-site,      the Customer must ensure proper access, utilities, and safety. Additional costs due to non-compliance are charged.  
6. For non-EU      exports, the Customer must provide all necessary customs documents at      their own expense.

Article 5 - Modifications and Termination

1. Changes affecting      cost or quality will be communicated in advance. Only written agreements are binding.
2. CLUK may      terminate the agreement immediately if:
   • The Customer breaches obligations.
   • Creditworthiness is doubted.
   • Security       or prepayment is not provided.
   • Bankruptcy,       insolvency, or similar legal procedures are initiated.

1. Upon termination,      all outstanding claims are immediately due. The Customer must return any      rented or supplied goods within 24 hours. CLUK      may retrieve goods if necessary.

Article 6 - Advice and Information

1. CLUK provides      advice to the best of its knowledge but accepts no liability for outcomes.
2. Advice does not      release the Customer from its responsibility to verify suitability.

Article 7 - Invoicing and Payment

1. All invoices are      payable immediately unless agreed otherwise in writing.
2. Payments must be      made in full without deduction or set-off.
3. Defaulting on any      partial payment causes all amounts to become immediately due with      applicable late payment interest and penalties.
4. Disputes must be      submitted within 7 working days of the invoice date.
5. Late payments      incur interest as defined in the Belgian Law of August 2, 2002, plus a 10%      penalty fee (minimum €200), without formal notice. All collection costs are at the Customer's expense.
6. Payments always      apply to the oldest outstanding debts first.
7. Invoices below      €50 are increased by €5 admin fee.
8. Credit card      payments are charged immediately.

Article 8 - Liability

1. CLUK's liability      is limited to the invoice value of the goods/services causing damage. Indirect or consequential damages are excluded.
2. The Customer      indemnifies CLUK against third-party claims.
3. CLUK is not      liable for unauthorized alterations or misuse of delivered items.

Article 9 - Force Majeure

1. CLUK is not      liable for non-performance caused by circumstances beyond its control.
2. In force majeure      lasting more than 14 days, either party may terminate the agreement      without liability.
3. Partially      executed agreements may be invoiced separately if of independent value.

Article 10 - Jurisdiction and Applicable Law

1. Belgian law      applies. The Vienna Convention is excluded. Disputes fall under the      jurisdiction of Mechelen, Belgium.
2. Claims expire 6      months after the service or delivery date.

Article 11 - Rental Terms

1. All rented goods      remain CLUK's property.
2. The Customer is      liable for damage, loss, or theft until goods are returned.
3. The Customer must      report theft or damage immediately and cover repair/replacement costs      including lost rental revenue.
4. Insurance      covering rented goods against loss/damage is mandatory.
5. The Customer is      liable for third-party damage caused by rented materials.
6. CLUK may inspect      or reclaim rented goods if obligations are not met.
7. The Customer is      responsible for regulatory compliance at the rental site.
8. Acceptance of      goods without remark implies they are in good condition.
9. Malfunctions must      be reported immediately.
10. Unauthorized      repairs/modifications are prohibited.
11. Late returns      incur full charges and additional costs.
12. Early returns do      not entitle to reimbursement.
13. CLUK may request      a deposit and deduct outstanding balances or repair costs from it.
14. These terms apply      equally to services and production projects.

Article 12 - Repairs

1. By submitting an      RMA, the Customer accepts these terms.
2. Offer preparation      fees are charged even if the repair is declined.
3. Deadlines for      repairs are indicative.
4. CLUK is not      liable for transport damage due to improper packaging.
5. Extra costs may      apply for undisclosed defects.
6. CLUK is not      responsible for stored data on devices.
7. Non-listed      accessories will not be returned.
8. Materials are      insured against fire/theft while in CLUK’s possession.
9. Manufacturer      warranty terms apply; repairs outside warranty are charged.
10. Acceptance of      repaired items confirms approval of condition.
11. Items left      uncollected for 1 month may be sold by CLUK.
12. Repairs carry a      3-month warranty on parts and labor only.

1. CLUK stores      customer data only in its accounting system, used solely for quotations,      orders, deliveries, and invoicing.
2. No email lists or      web tracking is used. Emails are kept max 1 year unless ongoing.
3. Customers may      request access/modification/deletion of their data at any time.
4. CLUK never shares      data with third parties. Vendor      reports are anonymized.
5. Opt-out from      mailings is possible via email; records will be marked inactive.  
6. Targeted mailings      by third-party providers are B2B only; those providers bear full      responsibility.
7. CLUK secures its      systems against breaches and will notify authorities of any data leaks.

1. Unpaid invoices      will, by law and without formal notice, incur 1% monthly interest starting      from the due date, calculated every 10th of the month.
2. After an      unsuccessful notice of default, a flat-rate penalty of 15% applies, with a      minimum of €125 and maximum of €3,500.

These terms are binding upon all transactions with CLUK BV unless explicitly waived in writing.