General terms & conditions

1. General

The terms and conditions below apply to all our sales agreements and services, unless there is an express and written agreement to the contrary.

2. Studies and projects

If M.I.P. is entrusted with a study assignment or with developing the design of a more complex installation, the customer shall provide the technical data, for which he shall be the sole person responsible. M.I.P. shall perform the study or the design to the best of its ability. If the customer approves the design, the mere approval as such shall fully discharge M.I.P. from any liability, and the design shall be implemented in conformity with the approved plan or specifications at the purchaser’s responsibility and risk. The purchaser is presumed to have fully checked the respective design and, if necessary, to have checked the calculation, and discharges M.I.P. of any liability in this regard, even in the case of a serious mistake. All studies, plans and documents are and remain our property, protected by intellectual rights. If these are handed to the person requesting them, such person may not use them improperly (Article 491 of the Criminal Code). They may, in any event, not be shown to or used improperly by third parties. The person requesting the plans and the third parties remain jointly and severally liable for any possible improper use and we reserve the right to claim compensation for damages. Any studies, plans and documents must be returned upon first request. Studies, designs and quotations shall be invoiced at 10% of the estimated cost price of the execution of the respective project. If the repairs are done at M.I.P., such amount shall be settled against the final cost price.

3. Projects not to be executed or not ordered

If the purchaser terminates the agreement, he shall owe a fixed amount of 20% of the amount to be paid for the work to be done as compensation for damages, without prejudice to the seller’s right to prove a higher amount of damages if there is cause to do so.

4. Delivery period

The dates mentioned as delivery times for the goods are merely indicative and by no means shall they be understood to mean deadlines within which the seller is obliged to make the delivery. Exceeding the delivery date does not entitle the purchaser to cancel his order, claim compensation for damages or defer payment.

5. Prices

All our prices are ex factory and exclude VAT. The customer is liable for the following items, which are not included in the price: matters such as any civil engineering works, packaging and packing costs, costs for transport, any import duties and all fitting and installation costs. The price is guaranteed for a period of 3 months. Thereafter, the price may be changed according to the costs of the raw and other materials, packaging costs, transport costs, wages and salaries, social security liabilities, import duties, turnover taxes, insurance premiums, exchange and currency rates or any other factor whatsoever that can influence the determination of the price.

6. Risk transfer

The purchaser bears the risk for the goods ordered from the moment they leave the factory.

7. Transport

Even if we transport the goods, this is done exclusively at the purchaser’s liability, who is obliged to check the state of the goods upon arrival.

8. Payments and reservation of ownership

All our invoices are payable in Rijkevorsel or by deposit into our bank account. For outstanding amounts, late payment interest in the amount of 10% as from the invoice date is payable by operation of law and without notice of default. Moreover, if there is any default in payment, the amount owed shall be increased by 10%, with a minimum of EUR 100, by operation of law and without any notice of default. Cheques and bills of exchange shall only count as payment after they have been cashed. M.I.P. reserves the right to demand guarantees and/or advance payments from the purchaser at all times, even while the agreement is being executed, until the invoicing has been done. M.I.P. reserves the right to allocate a credit limit to the purchaser and can suspend any order if such limit is exceeded, and this cannot give cause for regarding the purchase/sale agreement as having been terminated. If the purchaser fails to pay this, M.I.P. reserves the right to suspend all obligations vis-à-vis the purchaser by operation of law and without notice of default and to regard [the agreement] as having been terminated, without prejudice to its right to compensation for damages. M.I.P. can rectify calculation errors or obviously material mistakes at all times without endangering the existence of the order or the agreement as such. The goods shall continue to belong to us until the purchase price has been paid in full. This reservation of ownership also extends to the purchaser’s claim for re-sale. The Purchaser shall be liable for any damage caused to goods belonging to us by virtue of this provision. The customer undertakes not to re-sell the goods, to cede them to third parties or to use them as security as long as they M.I.P’s property. If the customer does not fulfil his obligations, M.I.P. shall have the right to exercise ownership reservation without any intervention by the court. The customer authorises M.I.P. in particular in such case to repossess the object delivered, regardless of where it is to be found, and recognises that re-possession does not give rise to the termination of the agreement. In this regard, the purchaser’s attention is drawn to Article 194 of the Criminal Code: ‘He who fraudulently embezzled or wasted goods, money, merchandise, notes, receipts or documents of any type whatsoever, which contain or bring about an obligation or release from debt and which were handed to him subject to the obligation of returning them or using them for a specific purpose, shall be punished by a prison sentence of between one month and five years and by a monetary penalty of between EUR 0.65 and EUR 13.00. In addition, the perpetrator can be convicted to disqualification of exercising his rights, in accordance with Article 33 of the Criminal Code.’

9. Acceptance and complaints

The purchaser is obliged to check the goods for visible defects on the day on which the goods are delivered. If no complaint is made within 8 days after the goods have been delivered, it shall be presumed that they have been accepted. The purchaser confirms that he consulted the user and maintenance manuals on the M.I.P. website and declares that he shall act accordingly. These manuals constitute an integral part of the agreement between the parties. Any incorrect handling that arises from non-compliance with the precautionary measures, procedures or guidelines in the manuals shall bring about the termination of any guarantee that M.I.P. might have given. Such manuals are drawn up according to best ability and can evolve in view of advanced scientific perceptions. The purchaser undertakes to always consult the latest available manual and to act in accordance with it. The fact that goods are fitted and used shall be regarded as express acceptance. If the purchaser does not accept the delivered goods, he shall be liable for maintaining, securing and keeping them safely, and the seller shall not owe any payment for this. The seller shall be liable for any hidden defects for a period of 6 months following delivery. After this period, any guarantee shall lapse and M.I.P. shall no longer by under any obligation to intervene. Any invocation of any guarantee or indemnification obligation on the part of M.I.P. shall not lead to any more than the repair of the incorrect or inadequate performance, to a new delivery of the ordered goods or to the reduction of the price of what has been performed incorrectly or inadequately at the discretion of M.I.P. In any event, the purchaser shall be obliged to bear the additional costs for transport, dispatch and travel. M.I.P. shall not be liable in any manner whatsoever for any consequential loss and shall need to assume responsibility only for the damage to the delivered object as such, to the exclusion of any other damage of any nature whatsoever. Unless it is expressly stated in the order, the delivered merchandise cannot withstand aggressive or corrosive substances. Unless there has been an express agreement to the contrary, M.I.P. does not assume responsibility for the fitting and its obligation is restricted to delivering the goods to the site.

10. Labour

The labour at the customer’s location is calculated as from the time our staff leave the factory until they have returned to the factory. The customer is always liable for all travel costs and duration, as well as for accommodation costs

11. Fitting

The purchaser shall be liable for any damage arising from a defect in the socket in which the object must be fitted. The purchaser is the sole person who is liable for all providing all facilities necessary for fitting purposes. He shall be liable for matters such as the accessibility of the place where the object is to be fitted and for providing the necessary facilities such as electricity supply, the availability of sockets and the like in good time. The purchaser shall be liable for any fitting costs.

12. Liability in performing services

Our liability in performing services is restricted to serious mistakes.

13. Force majeure

Cases of force majeure, any type of seizure for any reason whatsoever, any disruption and hindrance in the company and upon delivery, any unforeseen incidents on our site, or at the companies where the seller uses its goods or raw materials, any hindrance to or delays in transport, furthermore, the nondelivery of the goods by our suppliers, strikes, exclusions, import and export prohibition or restriction, fire or accidents, mobilisation, war, riots or provision of the law, shall entitle the seller to temporarily or definitively cancel its delivery obligations in full or in part or to perform them later.

14. Disputes

Belgian law governs this agreement, unless there is any proviso to the contrary. If there is any dispute, the Commercial Court in Antwerp, Division of Turnhout, the Court of First Instance in Antwerp, Division of Turnhout or the Justice of the Peace in Hoogstraten is competent to take cognisance of it.

15. Privacy Policy

Your personal data will be processed by M.I.P. for customer management and direct marketing purposes on the basis of our contractual relationship as a result of your quotation request or order and on the basis of our justified interest to do business. If you do not want us to process your data for direct marketing purposes, it is sufficient to let us know via info@mip-nv.com. Via this address, you can also always ask us which of your personal data items we process and have them rectified or erased if required. If you disagree with the way in which we process your data, you can contact the Data Protection Authority – Drukpersstraat 35 – 1000 Brussels, Belgium (www.privacycommission.be). You will find our general policy with regard to data protection on our website, which is more comprehensive.