General conditions Joule NV
The below mentioned General Conditions are applicable to i) purchase ,ii) rent, and iii) maintenance/repair unless indicated otherwise.
All Quotations are without commitment from JOULE.
JOULE invoices are payable, without discount and within 15 days from the invoice date. If an invoice is not settled within the specified time, the debtor has to pay an interest of 1% per month of delay, and an indemnity conventionally determined without any possible reduction, at 10% of the unpaid amount, with a minimum of 50 EUR, without any previous demand letter being required.
Any dispute of our general conditions or one specific invoice has to be submitted within 8 calendar days following the date of invoice failing which the right to dispute is foregone.
Payment and Transfer of Property
For purchase: delivery will only take place after receipt of the full purchase price. Transfer of property occurs only at the time of delivery.
Delivery and Installation
Delivery shall only take place in Belgium. Declared delivery time is only indicative and a delay in delivery of less than 3 months shall not give rise to any right of damages or compensation, or cancellation. If delivery is schedule at the customer’s site, the customer is obliged to make all arrangements in order to accommodate the delivery. The customer will see to it that the place of delivery is suitable, accessible and sufficiently spacious for installation. At the time of delivery, the customer must sign the delivery document for receipt. Any visible defects must be stated on the delivery document or reported to JOULE in writing within three (3) working days at the latest, whereby the customer must describe the defects in a detailed manner. In the absence of a signed receipt document, the moment of receipt may be proven by all means, including testimonials and presumptions. JOULE reserves the right to make partial deliveries. The partial delivery of an order justifies under no circumstances the refusal to pay (partially) for the products delivered.
Liability and Risk
After the abovementioned period of three (3) working days, JOULE shall not be liable for visible or hidden defects, neither for direct nor for indirect damage, except as foreseen in the “Warranty” provision below and except for hidden defects of which JOULE was aware. From the expiry of that period, the risk passes to the customer.
The maximum aggregate liability of either party to the other or any other person or entity for all events (or series of connected events) arising in relation to the subject (purchase, rent and/or maintenance/repair) will not exceed the amount invoiced to, or paid or due by the customer since 36 months before the date upon which the first incident occurred whereby liability arose.
Maintenance and Repair
For purchase: if the invoice is related to means of transport, for each maintenance and repair within the first year after acceptance of the product, JOULE (contact: email@example.com) has a right of first refusal to execute the works to be done. In the absence of maintenance by JOULE in the first year, the warranty shall no longer apply.
For purchase JOULE is liable to the buyer, in accordance with Articles 1649bis to 1649octies Civil Code, for any proven lack of conformity that exists in the delivery of the good and that manifests itself within a period of two years from the aforementioned delivery. This term is 1 year for second-hand goods. The defect must be reported to JOULE as soon as possible and at the latest 2 months after externalization.
Jurisdiction and applicable law
In case of legal proceedings, only the Courts of Ghent have jurisdiction. Belgian law is applicable.
The general conditions of JOULE shall have priority over any other general conditions If a rent agreement or framework agreement is valid between parties, such rent agreement or framework agreement shall be valid and applicable and in case of conflict it shall have priority over these general conditions. In case of conflict between different languages of the general conditions , the Dutch version shall have priority.