Art. 1 Scope:
These general terms and conditions apply to all quotations, sales and rental agreements and deliveries from, with and by PHIL, unless expressly agreed otherwise in writing.
Any deviation from these terms and conditions must be agreed upon in writing.
Any general terms and conditions of the customer are expressly excluded.
The customer accepts the application of these general terms and conditions by accepting an offer, concluding a sales or rental agreement, or taking delivery.
Art. 2 Offers, sales and rental agreements:
Quotations, sales and rental agreements are only binding if they contain the signature of or are approved in writing by a person who can validly represent PHIL.
Quotes:
Offers shall only be valid up to and including the date stated on the offer. After the expiration of the validity period, the terms of the offer in question may only be contracted with the express written consent of a person legally representing PHIL.
All offers and quotations made by PHIL are subject to change until acceptance by the Client. The contract comes into effect when the Client signs the offer or order form unchanged for acceptance and returns it to PHIL. Each order or order confirmation by the Client, binds the Client. The agreement replaces all previously concluded and/or verbal agreements. The order is executed upon receipt of the deposit.
Leases:
Rental agreements come into effect from the date of delivery or installation for a fixed term of 60 months. They are tacitly renewed for the same period of 12 months, unless either party terminates the agreement by registered letter with a notice period of 3 months. The aforementioned duration and terms of notice apply unless otherwise agreed in writing.
If the agreement is terminated prematurely through the fault of the Client, PHIL reserves the right to charge a termination fee consisting, on the one hand, of the sum of the monies (rental fees, maintenance fees, etc.) that would be due from the day of termination until the end of the agreement, and, on the other hand, of 500 Euros per rented device.
Cancellation:
In case the customer cancels an order, for which no advance payment has been made, the customer shall owe PHIL compensation of 50% on the full price of the goods and services ordered. If greater damages are proven by PHIL, the compensation claimed may be higher. In case the client cancels an order for which an advance has already been paid, the advance already paid will not be refunded.
Art. 3 Installation:
The customer is responsible for making the necessary provisions as stipulated by the agreement, at his expense, prior to the installation of the appliance and any accessories. If the appliance is a built-in appliance, the customer shall provide the necessary ventilation in the cabinet and/or room where the appliance is installed. If the Customer has failed to make the aforementioned provisions, these provisions may be carried out by PHIL itself in direction at the Customer’s expense, in accordance with the hourly rates applicable at the time.
PHIL will install the appliance and any accessories at the location and address designated by the Client. Connection to mains water (mains water only) must be carried out by the client on his responsibility. The appliance and any accessories cannot be removed or moved without PHIL’s prior written consent.
The Customer shall provide PHIL with access to the place where the device and any accessories are to be installed, as well as when maintenance or repairs are to be performed.
Stated installation times are only approximate. Any delay in delivery may not give rise to compensation on the part of the customer or to dissolution of the contract. If the parties have expressly agreed on a binding delivery period, this period shall be extended if the customer is in default of delivery.
Art. 4 Appliance and its related accessories:
The client acknowledges being informed of the characteristics and conditions of use of the device and any accessories, such as a CO-2 bottle. The client acknowledges and accepts that only CO-2 bottles supplied by PHIL may be used in the device.
The customer agrees to provide the device and any accessories:
- not to be used for purposes other than those for which they are provided;
- to use like a good family man;
- to be used according to PHIL’s instructions, among other things, the unit and any accessories should be maintained; cleaning drip tray, tap head, drain, etc.
- be kept clean and hygienic;
- be protected from sunlight, other heat sources and dust;
- to be kept indoors;
- regularly check for proper operation through the parameters provided for that purpose, so as to avoid unnecessary damage. Should this be the case, the Client shall immediately notify PHIL. In the case of both rental and purchase, PHIL will in no case assume damage due to limescale. Damage due to limescale is never included in maintenance.
If a repair or replacement of the appliance and any accessories proves necessary due to negligence or misuse by the Client, the Client shall be responsible for this and shall bear all repair and replacement costs arising therefrom. The Customer shall not be permitted to carry out or have carried out any modifications and/or repairs to the device, and the Customer shall designate PHIL exclusively for this purpose.
If the device and any accessories are purchased, they shall remain the property of PHIL until full payment of the corresponding invoice amount.
A warranty of 2 years from date of purchase applies upon purchase of the unit, unless the customer does not wish to purchase maintenance. This warranty does not apply to labor and transportation costs.
If the appliance and any accessories are rented, the Client undertakes not to sell, sublet, pledge or transfer them, and always makes it clear to third parties that the appliance is not his property. Similarly, at the end of the rental agreement, whatever the reason for the termination of the agreement, the Customer shall return the appliance and any accessories to PHIL in the same condition in which he received them, with the exception of normal wear and tear. Finally, the Client acknowledges having examined the appliance and any accessories and having found them to be in perfect condition.
If the appliance has a CO-2 bottle as an accessory, the Client shall acquire a right of use to this until the term of the agreement with PHIL. The Client shall pay a one-time fee, the price of which shall be determined by agreement, within 10 days of being requested to do so by PHIL. Under no circumstances shall this one-time fee be considered as an advance or guarantee as defined in article 7 of these general terms and conditions, it shall belong to PHIL even if the right of use ends. Furthermore, the Client may not claim any ownership rights to this CO-2 bottle.
Art. 5 Risk transfer:
As soon as and as long as the device and any accessories are in the possession of the Client, he shall bear the risk of theft, loss or damage. Should this be the case, the Client shall notify PHIL immediately. The Client shall be liable for any damages incurred on behalf of PHIL.
Art. 6 Prices and charges:
All prices quoted are exclusive of VAT unless specifically stated otherwise.
Rents are indexed annually according to the consumer price index according to the formula:
(base rent x new index figure)/starting index figure
- Base rent is the agreed rent.
- New index is the index of the month preceding that of the anniversary of the entry into force of the relevant agreement.
- Commencement index is the index figure of the month preceding the month during which the relevant agreement was made.
Maintenance prices are determined by agreement or via the purchase order.
The customer is responsible for electricity and water consumption, as well as any taxes and other charges that might be levied on the unit.
PHIL reserves the right to modify its prices. The client has the right to cancel the agreement within 10 calendar days of being informed of this price change.
Art. 7 Advance and guarantees:
PHIL reserves the right to request an advance payment and/or deposit in relation to the services to be performed by it.
For private individuals: Except for express written deviation stated in the agreement, an advance invoice in the amount of 50% of the equipment ordered will be made out for the private individual after each order. The balance invoice relating to installation, maintenance, additional material, etc. will be sent after delivery or installation.
The Client agrees to pay the deposit and/or security deposit within 10 calendar days of being requested to do so by PHIL.
Neither the deposit nor the guarantee shall give rise to any interest on the part of the customer.
The deposit shall be regarded as a prior partial payment of the invoice amount due. The deposit shall be regarded as a payment of a sum of money as security for the fulfillment of all obligations by the customer, failing which this deposit may be offset by operation of law and without prior notice against the amount owed by the customer.
In the absence of payment by the individual of the advance payment within 30 days of receipt of the advance invoice, the supplier has the right to cancel the order, in which case the above-mentioned damages will be claimed.
Art. 8 Invoicing:
All invoices from PHIL are payable, without discount, within 30 days of invoice date, unless expressly agreed otherwise in writing.
In the event of late payment of an undisputed invoice within the stipulated period, interest on arrears shall be payable from the due date, ipso jure and without prior notice of default, in the amount of 10% on an annual basis, as well as liquidated damages in the amount of 15% of the outstanding invoice amount, with a minimum of 50 Euros, without prejudice to PHIL’s right to claim higher compensation provided that proof of higher damages actually incurred is provided.
In the event of late payment of an undisputed invoice, all invoices not yet due shall become due and payable by operation of law and without prior notice.
Reminder fees may be charged.
Protests of invoices must be sent to PHIL by registered mail within 10 calendar days of the invoice date.
Art. 9 Liability:
In no event shall PHIL be held liable except for willful misconduct. As such, PHIL shall not be liable for any damages of any kind.
PHIL cannot be held liable for any damage allegedly caused by the water coming from the water supply, nor for the quality of that water.
In any case, PHIL’s liability shall be limited to the amounts invoiced and effectively paid by it to the Client.
Art. 10 Applicable law and competent courts.
Belgian law is applicable. Only the courts of Kortrijk have jurisdiction.