1.1. These general conditions of sale are exclusively applicable to each offer /
order and agreement, to the exclusion of the customer’s general conditions, even if they are
contrary to the customer’s conditions, subject to exceptions agreed in writing which do not
can, under any circumstances, be interpreted by the customer as a general exemption from the
these conditions applicable to previous and / or future commercial relations between the
parts. In any case, our agreement can not be deduced from the fact that we have concluded the
agreement without dispute of the conditions or similar provisions of the customer.
1.2. By accepting the offer and / or placing an order, any customer is irrefutably deemed
know these general conditions of sale and accept them without reservation. The nullity / non-applicability of a provision contained in one of the articles of these conditions shall not affect
in no way affects the enforceability of the other provisions and the provision concerned will be
replaced by Gawijn by a valid / enforceable provision closest to the intention
1.3. In the event of a conflict between the provisions of an order explicitly accepted and those of
these general conditions, the provisions of the general conditions will prevail.
1.6. If at the end of the agreement, the customer purchases again, for whatever reason,
goods at Gawijn, the p
2. Orders, closing and execution of the agreement
2.1. Photos, catalogs or other advertising material provided by Gawijn have no
contractual value. Offers remain valid for one month. The system imposed by the coordinator
security is not included in the offer, unless explicitly stated otherwise.
2.2. The agreement is deemed to be concluded from the moment Gawijn has explicitly accepted
the command. Changes to the agreement must be made in writing and will be
systematically subject to the prior and express approval of Gawijn.
2.3. Gawijn provides its services in accordance with the criteria of the commitment of resources and does not
gives no guarantee for certain results. Partial deliveries are permitted.
2.4. The customer acknowledges, when he places an order for goods and / or signs an offer,
that he has been sufficiently and correctly informed by Gawijn concerning all the elements
of the goods and that he has taken proper cognizance of them.
2.5. The customer undertakes to provide Gawijn efficiently and free of charge with all information and
assistance which is reasonably required / useful for the normal delivery of the goods, including
including, but not limited to, easy access and other provisions (e.g. parking, rules of
security). GawijnGawijn2.6. The client guarantees that he has all the rights, titles and permits /
authorizations required to deliver the goods to Gawijn.
Gawijn2.7. Without being liable for any compensation, Gawijn is in a position to judge whether the
delivery cannot take place due to external factors over which Gawijn has no
grip and / or due to bad information / faulty information by the customer
and / or other non-performance of the client’s obligation. In this case, the goods will be when
even invoiced to the customer who will pay them.
3. Deliveries / Force majeure
3.1. When the delivery of materials or devices is also part of the commitments of
Gawijn, these will be stored and / or transported at the risk and peril of the customer, in the event
also where the transport is carried out by and / or on behalf of Gawijn. This also applies
when the customer entrusts goods to Gawijn for repair and / or any
what other manipulation of these.
3.2. Gawijn will respect the agreed deadlines as much as possible or, in the absence thereof, deliver the
goods as soon as possible after receipt of the order. However, the
exceeding the agreed time or delay in delivery does not entitle the customer to claim
the dissolution of the agreement and / or compensation, given that there is no deadline
3.3. In the event of force majeure or an incident that reasonably prevents Gawijn from performing its
commitments and cannot be attributed to it, Gawijn reserves the right respectively to extend
the delivery / performance period or to terminate the agreement with immediate effect, as of right
and without prior judicial intervention by registered notification to the client, without having to
prove the unpredictable nature of this situation and without being liable for compensation. We
by force majeure means fire, floods, bad weather conditions,
a war, riots, a strike, a roadblock, a forced closure of the company, a
illness, accident, a problem with the internal organization of the company, a ban
import or export, transport difficulties, a slowdown in
the routing / default of routing on the part of the suppliers, and this also at Gawijn
than with suppliers, refuellers or subcontractors or other third parties involved in this way
that non-fulfillment of obligations with the aforementioned third parties.
4. End of the agreement
4.1. At the end of the agreement for whatever reason, the customer gives permission to Gawijn
to enter his establishment during working hours in order to retrieve his equipment
and this, notwithstanding the existence of a legal procedure or dispute between Gawijn and the client
concerning the convention.
4.2. The customer has the right to unilaterally terminate the agreement in return for payment of
Gawijn for goods already delivered as well as a fixed and irreducible refund to
up to 35% (excluding VAT) of the part not yet delivered, as consideration
compulsory for the exercise of this unilateral termination right. In the event of dissolution of the agreement
at the customer’s expense, Gawijn is entitled to payment for goods already delivered as well as to a
fixed and irreducible reimbursement up to 35% (excluding VAT) of the part not yet
delivered, subject to Gawijn’s right to greater compensation either (i) on the basis of a
other provision of these General Conditions, or (ii) if it can demonstrate a greater prejudice.
5. Price and payment
5.1. The prices indicated are fixed on the basis of wages, raw material prices,
insurance, transport costs, environmental taxes, etc. in effect at that time.
Gawijn reserves the right to modify the prices, even if the agreement is already being executed,
as a result of a fluctuation in one of the aforementioned elements or any other measure for
reasons beyond Gawijn’s control. Prices are always understood to be exclusive of tax charges
which are the responsibility of the customer.
5.2. In case of combined offers, Gawijn is not obliged to deliver any part of the goods to a
price equal to the corresponding part of the total amount of the offer.
5.3. When the customer asks Gawijn to come to the site to determine what
goods and / or what works must be provided, in particular with a view to establishing
the offer, the customer must in all cases pay Gawijn for this purpose the remuneration of one (1) hour
of work, calculated at an hourly rate of 75 euros / hour (excluding VAT, travel costs included),
and regardless of whether or not the customer can recover from a possible third party (for
ex. the lessor / lessee, the insurance company) the costs of the goods and / or works to
deliver. When the customer orders goods from Gawijn, this customer will be indebted to Gawijn
of the indemnity, regardless of whether the client may demand accountability from a possible third party (eg.
the lessor / lessee, the insurance company) for the costs of goods and / or works
5.4. All Gawijn invoices are payable to Gawijn’s address, in cash and without
rebate. Any invoice not paid by the due date is automatically and without prior notice.
increased by a late payment interest of 12% per year as well as a penalty clause of 15%, with a
minimum of 125 euros. In the event of late payment, a possible reduction is
5.5. Gawijn reserves the right to make delivery conditional on payment of an advance or the price.
5.6. All invoices are deemed to be accepted when they have not been disputed by the
customer, by registered letter, within eight (8) calendar days of the date of the invoice.
5.7. Under no circumstances can payments be suspended or offset against any
manner, without prior written permission of Gawijn.
5.8. In the absence of payment by the due date of an invoice, Gawijn reserves the right to suspend
all deliveries without prior notice.
6. Retention of title / Transfer of risk
6.1. The goods remain the property of Gawijn until full payment by the customer of
all amounts for which he is liable under the terms of the agreement, even if these goods have
already processed / processed, and in the event of non-payment or incomplete payment, they
can be taken back at any time without the customer’s consent. Once the goods
delivered or from the moment the customer was notified that he could pick up the
goods, the buyer assumes all risk, including all risk of loss, destruction and
damage. Storage of goods, pending their removal by the customer,
therefore takes place at the risk and peril of the customer.
7. Complaints / Liability
7.1. The customer is required to check, immediately upon delivery, the compliance of
goods and under penalty of inadmissibility, he must communicate to Gawijn any complaint, at most
late within the eight (8) calendar days following delivery, by registered letter.
7.2. The non-communication by the customer of a complaint to Gawijn within the aforementioned period is valid
unconditional acceptance of the delivered goods. This moment is therefore assimilated to
single and final acceptance.
7.3. A reaction from Gawijn to a late complaint does not detract from what is
aforementioned and is always subject to all rights and without any acknowledgment
detrimental. Payment or commissioning of the delivered goods, even in the case of
where the customer has communicated his possible complaint in accordance with article 7.1., also applies
unconditional acceptance of the goods.
7.4. The communication of a complaint or the refusal or return of the ordered goods shall not
however, does not suspend the customer’s obligation to pay the invoice.
7.5. Gawijn guarantees the hidden defects of the goods it delivers and which manifest themselves in both
(2) years following the provisional acceptance, if this was foreseen, or upon acceptance
definitive, as stipulated in article 7.2. or the date on which the reported imperfections
in accordance with article 7.1. have been repaired and received. The customer must declare, in the
month, in Gawijn, by registered letter and in writing, any defect that has become visible. A late declaration
implies that the customer is no longer entitled to a guarantee.
7.6. If a complaint is found to be founded by Gawijn, he will be held, without any compensation, either
to take back / repair / replace the goods, or to proceed with the return or
partial return of the price received for the non-conforming part of the order.
7.7. If the liability (both in terms of its pre-contractual liability,
non-contractual or contractual) of Gawijn should be retained, it will in any case be limited
to cover direct damage with, as a maximum, the totality of the sums (excluding VAT)
invoiced by Gawijn for the goods for which the aforementioned liability would be
detention. Liability for any form of indirect damage such as damage
purely financial, loss of earnings, loss of customers, loss of working hours concerning
goods for which Gawijn is held responsible, etc. is excluded.
7.8. Gawijn is not responsible for small differences made by the manufacturer in terms of
construction, dimensions, color and design in relation to what is stipulated in the offer /
agreement, unless it was explicitly stated in the offer / agreement that the construction,
dimensions, color or design represent for the customer an essential element of the
convention. Gawijn may use goods modified by the manufacturer or other
goods, notwithstanding what is stated in the offer / agreement provided
they are equivalent to those mentioned in the offer / agreement. Are not
considered as a lack of conformity, as a visible or hidden defect: slight
differences in the color or dimensions of the goods, insofar as these are
technically unavoidable, are generally accepted or are specific to
7.9. Notwithstanding the other provisions of this Agreement, Gawijn cannot be held responsible
and the possible guarantee does not provide coverage for damage resulting from:
– a specific transformation / handling / application of the goods
delivered, imposed by the customer despite Gawijn’s written and reasoned reservation;
– force majeure, abnormal use / misuse, maintenance
irregularity, fault of the customer or a third party, wear and tear or external influences, etc.
– modulation / transformation / (dis) assembly of the delivered goods, if this happens
with items that were not delivered by Gawijn and / or if this was done by someone
other than Gawijn;
– the non-complaint, by the customer, of the permits which are, if applicable, required for the execution
work agreed by Gawijn and about which the customer must in any case inquire himself;
– defects in the construction work in which Gawijn himself cooperated
8. Applicable law / Competent court
8.1. All disputes are subject to the exclusive jurisdiction of the courts of Mechelen – judicial district of Antwerp.