General Terms and Conditions of Sale

General Terms and Conditions of Sale

Van de Vliet A.E. BV – AEWS
Version 7 – November 6, 2025

1. Scope

These General Terms and Conditions of Sale apply to all deliveries, work, and services performed by Van de Vliet A.E. BV.

Any deviations from these terms and conditions are valid only if they have been approved in advance and in writing by Van de Vliet A.E. BV.

By placing an order, signing a quote, or accepting a delivery, the customer expressly and irrevocably agrees to these terms and conditions, regardless of whether the customer has explicitly received or signed them.

The customer waives the right to apply its own general or special terms and conditions, unless these have been accepted in advance and in writing by Van de Vliet A.E. BV.

2. Quotes and Orders

All offers and quotations are presented to the customer by Van de Vliet A.E. BV without obligation and without any commitment on the part of the company.

An order is accepted only after Van de Vliet A.E. BV has issued a written order confirmation.

3. Prices and Terms of Delivery

Unless otherwise stated, all prices are in euros and do not include VAT.

The terms of delivery are Ex Works (ex factory). The goods are always shipped at the client’s risk and expense.

4. Complaints

Any complaints will be considered only if they are submitted in writing via certified mail to Van de Vliet A.E. BV within ten (10) days of delivery.

5. Payment Terms

Invoices are payable upon award of the contract, upon delivery, or within the contractually agreed-upon period.

The standard payment term is thirty (30) days from the invoice date.

If this deadline is exceeded, default interest of 7% per year, plus the most recently published interest rate of the European Central Bank, will be charged by operation of law and without notice of default.

This interest is due without prejudice to any additional collection costs or legal action.

6. Retention of Title

All goods delivered remain the property of Van de Vliet A.E. BV until the invoice has been paid in full, including interest and costs.

7. Delivery Times

Delivery periods begin, at the earliest, on the date the order confirmation is sent or upon receipt of the agreed-upon down payment.

8. Warranty

The warranty period is one (1) year.

The warranty is limited to the provision, free of charge, of defective or malfunctioning parts and the associated labor.

The warranty does not apply to:

• wear and tear or normal aging;
• improper or careless use;
• exposure to extreme conditions;
• cable break;
• travel expenses.

9. Inspection of defective parts

Before a free replacement can be provided, the disputed parts must first be returned to Van de Vliet A.E. BV for inspection.

10. Limitation of Liability

Van de Vliet A.E. BV accepts no liability for any form of consequential damages, indirect damages, or loss of profits.

11. Governing Law and Jurisdiction

All agreements are governed by Belgian law and the applicable European regulations.

Only the courts of Turnhout have jurisdiction to hear any disputes.

12. Privacy

Information about our privacy policy is available on our website under the "About Us" section – Privacy Policy.

As part of our accreditation for re-inspections in Belgium, inspection results are uploaded to Metrologie’s e-Metro website.

13. Price Adjustment Clause

Between the time the customer signs the agreement and the payment date for an invoice installment, a price adjustment may occur based on changes in the consumer price index.

Formula:

k = cpi / CPI

Where:

• k = adjustment factor;
• CPI = Consumer Price Index on the date the bids were opened;
• CPI = consumer price index as of the order date;
• Revisable portion = the total amount of the inventory.

Calculation:

Price adjustment = (k – 1) × adjustable portion

14. Liability

14.1 General Limitation of Liability

Except in cases of fraud, deceit, or willful misconduct on the part of Van de Vliet A.E. BV, the company is not liable for intangible, indirect, or consequential damages, including but not limited to:

• loss of profit or revenue;
• loss of production or equipment downtime;
• loss of data or software;
• damage to one's reputation;
• claims by third parties.

Van de Vliet A.E. BV is also not liable for damage resulting from improper use, incorrect installation or maintenance by third parties, or incomplete information provided by the customer.

14.2 Non-Contractual Liability

Except in cases of personal injury or willful misconduct, Van de Vliet A.E. BV, its directors, employees, or subcontractors cannot be held liable outside of a contract for damages resulting from a breach of contract.

14.3 Software and Digital Components

If Van de Vliet A.E. BV develops, supplies, or installs software, its liability is limited solely to demonstrable errors that prevent the software from performing its essential functions.

Van de Vliet A.E. BV is not liable for:

• loss or damage to data;
• incompatibility with other systems;
• the use of outdated versions;
• modifications to the software made by the customer or third parties without written permission.

Liability with respect to software is limited to the repair or replacement of the defective software, at the discretion of Van de Vliet A.E. BV.

15. Limitation Cap

Van de Vliet A.E. BV’s total contractual and non-contractual liability for direct damages is limited to the highest amount actually paid out under its professional or general liability insurance.

If no payment is made, liability is limited to twice the invoice amount for the delivery or service in question, with an absolute maximum of €150,000.00.

For recurring contracts or maintenance agreements, this maximum amount is calculated based on the invoices from the twelve (12) months preceding the event giving rise to the claim.

16. Deadline for Filing a Claim

Any claim for damages must be submitted in writing within one (1) month of discovering the damage.

Once this period has expired, any right to compensation shall lapse.

Van de Vliet A.E. BV – AEWS
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