General terms of sale


These general terms of sale govern the sale of products and services by Open-Teck, unit of establishment for the physical person enterprise “Luc-Olivier Lambermont” (hereafter “Open-Teck” or “Us”), whose address is registered at rue Voisin 3, 7063 Soignies, Belgium, under the number 0600.782.168, by the certified Belgian authorities (Crossroads Bank for Entreprises), to its clients (hereafter “the Client”).

Please read these terms carefully before placing an order with Open-Teck. By accepting an order with Open-Teck, the Client marks his acceptance with these terms.

The Client explicitly waives its own standard terms, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.

Our invoices are payable within thirty (30) calendar days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, Open-Teck reserves the right to request a fixed interest payment amounting to 15% of the sum remaining due. Open-Teck will be authorized to suspend any provision of services without prior warning in the event of late payment.

If a payment is still outstanding more than sixty (60) calendar days after the due payment date, Open-Teck reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the Client.

Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the Client to the tax authorities. Under no circumstances can Open-Teck  become involved in costs related to another country's legislation than Belgium. The amount of the invoice will therefore be due to Open-Teck in its entirety and does not include any costs relating to the legislation of the country in which the Client is located.

Open-Teck undertakes to supply its services without undue delay in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results. Open-Teck cannot, under any circumstances, be required by the Client to appear as a third party in the context of any claim for damages filed against the Client by an end consumer.

For any claim, in order for it to be admissible, Open-Teck must be notified to its registered office, by means of a letter sent by recorded delivery with acknowledgement of receipt, within 8 days of the delivery of the goods or the provision of the services.

To the maximum extent permitted by law, the aggregate liability of each party, together with its affiliates arising if need be, will not exceed 50% of the total amount paid by the customer under these terms during the 12 months immediately preceding the date of the event giving rise to such claim. Multiple claims shall not enlarge this limitation.

Open-Teck reserves the right to modify these terms at any time without prior notice. The Client will be subject to the terms in force at the time of acceptation of those terms.

All our contractual relations will be governed exclusively by Belgian law. Moreover, any dispute that may arise will be subject exclusively to the jurisdiction of the courts of Mons arrondissement, in Hainaut (Belgium).

 

Rev. 01-01-2018