Terms and Conditions Datarecuperatie

1. Unless otherwise agreed in writing, all our contracts or deliveries are made exclusively under the following conditions, which form an integral part of the agreement. They apply, regardless of the terms and conditions of the contracting partner.

2. The possible invalidity of a clause or part thereof does not affect the validity of other clauses or parts thereof.

3. Unless otherwise agreed, the specifications and price offers of DATARECUPERATIE only apply for a term of fourteen days. No commitment made by the representatives or agents of DATARECUPERATIE is accepted if it has not been approved in writing by the manager of DATARECUPERATIE.

4. Delivered materials are not taken back by DATARECUPERATIE. In case of cancellation of the order or termination of the agreement by the contracting partner, DATARECUPERATIE has the choice between the forced execution or payment of a lump sum compensation of 30% of the value of the order, without prejudice to its right to prove that our damage, consisting of loss of profit and all costs, is greater.

5. The contract prices in the quotations are calculated on the basis of the wages, raw materials, materials and other cost price elements on the day the quotation is drawn up. If these changes are made, DATARECUPERATIE reserves the right to adjust the prices in a proportionate manner.

6. The offers of DATARECUPERATIE are made without commitment as regards the delivery and execution dates, which are always approximate. Non-compliance with the deadlines can only give rise to a claim for damages or termination of the contract if the delivery or acceptance has not been carried out within a reasonable period of time after receipt of a registered notice of default from the contracting partner and in the event of force majeure, as a result of which the execution period is simply suspended. If a specific price agreement is made in the special terms and conditions, which is linked to a specific term, this term can at most be extended by the same term due to exceptional circumstances – usually of a technical nature – without a price reduction being charged.

7. Unless otherwise agreed in writing, the goods are always sold and delivered in the registered office of DATARECUPERATIE. The goods can be sent by DATARECUPERATIE to the co-contracting party (at the latter's risk) for a cost of at least 17.50 euros, VAT excl. Goods awaiting delivery or collection are also at the risk of the contracting partner.

8. The delivery or dispatch of goods at the request of the contracting partner and/or customer is always at the expense of the contractor, co-contracting party and/or customer (including any customs duties) and under its responsibility.

9. Delivered goods remain the property of DATARECUPERATIE until full payment of the principal and accessories. However, the risk passes to the contracting partner from the moment of sale, or at least from the time of delivery.

10. Any complaints must be sent by registered letter and within eight days after receipt of the delivery or after execution of the order, with a clear description of the defects that enables DATARECUPERATIE to fully take cognizance of the defects. After acceptance of the delivered good, no complaints regarding visible defects will be accepted.

11. The warranty for delivered goods is only given insofar as this is provided by the supplier or manufacturer at the time of delivery. Any warranty obligation of DATARECUPERATIE lapses if the client itself makes changes or repairs to the delivered goods or has them carried out by third parties or if the delivered goods are used for other than normal purposes or have been treated or maintained injudiciously. Hidden defects must be notified to DATA RECUPERATIE by registered letter within eight days after the discovery of the hidden defect, failing which they will no longer be accepted. In addition, the parties agree that the short term within which the co-contracting party must submit its claim (Article 1648 of the Dutch Civil Code) is three months from the discovery of the defect.

12. Under no circumstances can the DATARECUPERATIE be held liable for lost profits, indirect or consequential or unforeseeable damage.

13. The invoices are payable in cash in Ypres, unless otherwise agreed in writing. The recovered data will only be transferred after payment of the invoice. The sending of the invoice serves as a reminder. The invoice is deemed to have been accepted in the absence of protest by registered letter within eight days of the invoice date. No deduction for guarantee, cash payment or for any other reason may be applied by the contracting partner.

14. Any invoice that remains unpaid in whole or in part on the set due date will, by operation of law and without notice of default, increased by an interest of 12% per year from the due date until the day of full payment.

15. In the event of even partial non-payment of an invoice on the due date, as a result of negligence and without serious reason, the invoice amount will be increased without notice of default by a fixed compensation of 12%, with a minimum of 125.00 euros and a maximum of 2,500.00 euros and this without prejudice to the legal costs and the costs of implementation.

16. In the event of non-payment of a single invoice on the due date, DATARECUPERATIE reserves the right to prior notice of default to stop further deliveries and works and the balances of all other invoices immediately due.

17. Without prejudice to the legal right of retention, DATARECUPERATIE is entitled to any matter of the client, which it has been made available in any way, to the full satisfaction of all that DATARECUPERATIE for whatever reason has to be claimed from the contracting partner, unless the contracting partner has provided a sufficient guarantee or security for the value of that claim.

18. DATARECUPERATIE reserves the right to consider the agreement dissolved by operation of law and without prior notice of default, without any compensation being required: - in the event of bankruptcy, WCO, apparent insolvency, protested bill of exchange, dissolution of the company as well as in the event of any change in the legal situation of the co-contracting party - in the event that DATARECUPERATIE is unable to perform the contract due to force majeure, strike, lock-out, fire, flood and any accident or incident that interferes with the normal course of our business, such as a well-known shortage of skilled or unskilled workers, bankruptcy suppliers, etc...

19. All disputes fall under the exclusive jurisdiction of the Ypres division of the competent Courts, without prejudice to the right of DATARECUPERATIE to bring the dispute before the Court of the domicile, registered office, administrative seat, operating seat, branch and/or office of the contracting partner. This jurisdiction arrangement is not changed when bills of exchange are drawn on the co-contracting party.

20. All disputes will be governed solely by Belgian law.