Terms and Conditions

Should M.I.P. be commissioned by the purchaser to carry out a study or to design a more complex installation, the technical data shall be supplied by the customer at their sole responsibility. M.I.P. shall carry out the study and/or design to the best of its ability. If the design is approved by the customer, M.I.P. shall, by virtue of this approval alone, be fully released from any liability, and the implementation of the design in accordance with the approved plan or specifications shall take place at the purchaser’s own risk and responsibility. The purchaser is deemed to have fully reviewed the design in question and, where necessary, to have verified the calculations, and hereby releases M.I.P. from any liability in this regard, even in the event of gross negligence. All studies, plans and documents are and remain the property of M.I.P., protected by intellectual property rights. Should they be handed over to the purchaser, the latter must not misuse them. Under no circumstances may they be shown to or used by third parties. The party requesting the plans and any third parties remain jointly and severally liable for any misuse, and M.I.P. reserves the right to claim damages. All studies, plans and documents must be returned upon first request. Studies, designs and specifications will be invoiced at 10 per cent of the estimated cost of carrying out the project in question. If the order is placed with M.I.P., this amount will be set off against the final cost.

Even if we carry out the transport ourselves, this is done as the buyer’s agent, and the buyer is obliged to check the condition of the goods upon arrival for any transport damage. If, as a result of external circumstances such as weather conditions, traffic chaos, strikes and the like, a consignment has to be postponed, the delivery period will be extended by the same duration. It is understood, however, that if a new transport permit needs to be applied for, the delivery period will also be extended by the time taken to process that application. When the customer collects silos or tanks, the exact date and estimated time must always be notified at least 48 hours in advance (working days only), so that space can be made available for loading. If collection is carried out without a crane lorry and the silos need to be loaded using our overhead crane, a fixed rate of €250 per load applies for loading, including handling. A time slot of half a day (morning or afternoon) is reserved for this. If the collection cannot take place within the scheduled time slot, an additional charge of €250 per half-day may be applied.

The buyer is obliged to inspect the goods for visible defects immediately upon delivery. In the absence of any complaints regarding visible defects within 8 days of delivery of the goods, the goods shall be deemed to have been accepted. The assembly and use of the goods in question shall be deemed to constitute express acceptance. Given the nature of the raw materials used, colour variations may occur in the end product. Such colour variations do not constitute a defect and shall not give rise to a refusal of the delivery or to a price reduction. In the event of non-acceptance, the buyer is liable for the safekeeping, supervision and storage of the delivered goods, without M.I.P. being liable to pay any compensation in this regard. Subject to M.I.P.’s liability for visible defects, M.I.P. is liable for hidden or other defects in the delivered products for a period of 2 years. After this period, any warranty lapses and M.I.P. is no longer obliged to take any action, not even in respect of hidden defects that might only come to light after this two-year period. Any claim under any warranty or indemnity obligation on the part of M.I.P. shall, at most, give rise to the rectification of the faulty or defective work, a new delivery of the ordered goods, or a reduction in the price of the faulty or defective work, at the discretion of M.I.P. Moving parts, parts subject to wear and tear, or pressure-sensitive parts, such as, amongst others, filling pipes and manholes, are never replaced under warranty, and the costs of repair or replacement shall in such cases always be borne by the buyer. In the event of repair or replacement, the buyer is in any case obliged to bear any additional transport, dispatch and relocation costs, as well as labour costs. M.I.P. is in no way obliged to pay for consequential damage and shall only be liable for damage to the delivered item itself, to the exclusion of any other damage, however described. Unless explicitly stated in the order, the goods supplied are not resistant to aggressive or corrosive substances. Unless expressly agreed otherwise, M.I.P. does not guarantee installation, and M.I.P.’s obligation is limited to delivering the goods to the site. In the event that a defect or claim relates to a loss covered by an insurance policy taken out by M.I.P., M.I.P.’s liability shall in any event be limited to the amount paid out by the insurer under the terms of the policy.

Working hours at the buyer’s premises are calculated from the time M.I.P. staff leave the factory until their return to the factory. Travel and accommodation expenses are always borne by the buyer.

Cases of force majeure, seizures of any kind and for any reason whatsoever, all disruptions and obstacles to business operations and deliveries, all unforeseen events at M.I.P., or at the firms from which M.I.P. sources its goods or raw materials, all transport obstructions or delays, as well as the failure of M.I.P.’s suppliers to deliver the goods, strikes, lockouts, export or import bans or restrictions, fire or accidents, mobilisation, war, civil unrest, or statutory provisions, shall entitle M.I.P. to cancel its delivery obligations in whole or in part and definitively, or to suspend them temporarily.

This agreement is governed by Belgian law. In the event of a dispute, only the Antwerp Commercial Court, Turnhout Division, the Antwerp Court of First Instance, Turnhout Division, or the Turnhout II Magistrates’ Court shall have jurisdiction to hear the matter.