General terms and conditions of Arop
1. Application of general terms and conditions:
The following terms and conditions apply to all services and goods provided by AROP. These terms and conditions govern the contractual relations between AROP and the customer/client and this in an exclusive manner, to the exclusion of the terms and conditions of the customer/client, even if they are subsequently communicated. Any exclusion of these terms and conditions is possible only by written agreement of AROP.
2. Quotations and orders:
All quotations sent by AROP are without obligation and may be withdrawn at any time. A contract is concluded only upon receipt of an order from the customer/client unless within 14 days of such order AROP notifies that it does not wish to execute the order. AROP therefore reserves the right to refuse any order within a period of 14 days notwithstanding that an offer was sent from its part prior to this.
Every order placed by a customer/client is irrevocable. A cancellation is valid only upon acceptance by AROP. In case of cancellation by a customer/client of an order without being accepted by AROP, the customer/client shall be liable for liquidated damages equal to 25% of the total amount of the contract subject to increase in case of higher damages. This fee covers fixed and variable costs and a possible loss of profit.
The customer/client should check the delivered services and/or goods immediately after receiving them. No complaints will be accepted after a period of 8 days from delivery or handling.
Hidden defects can only give rise to compensation and/or repair if they are detected with due diligence and submitted within a period of two weeks, and insofar as the goods are not processed. Any compensation will be limited to the price of the contract.
AROP is relieved of its obligations to the extent that performance of the contract is
prevented by circumstances such as force majeure or that occurred beyond AROP’s control or will.
The delivery period indicated on the order or order confirmation of AROP are purely indicative and
cannot give rise to dissolution of the agreement or to the charging of any damages whatsoever.
Orders must be picked up at AROP’s warehouses, unless otherwise
agreed. Any transportation is at the expense and risk of the customer/client.
4. Price and payment:
The price is that agreed upon in the quotation or order confirmation and is exclusive of VAT and exclusive of any costs of delivery, transportation and/or insurance. If the customer/client fails to pick up the goods (and any surplus or residual products), AROP may charge a storage fee equal to 1 € per pallet space required for storage and this per started week of storage.
All AROP invoices must be paid at AROP’s registered office within 30 days of the invoice date. After this deadline, AROP is entitled by operation of law (without prior notice) to an increase in the invoice amount equal to 15% as liquidated damages with a minimum of €125, as well as to interest of 1% for each month of delay begun.
By exceeding the due date, the due dates specified or stipulated herein shall expire and all outstanding invoices shall become immediately due and payable.
It is agreed between the parties that all goods of the customer/client located in the
warehouses and workshops of AROP, may be retained by AROP as security for payments still due from the customer/client to AROP.
For disputes regarding AROP’s services, only the courts in Antwerp have jurisdiction and only Belgian law applies.