Terms and Conditions
1. These general terms and conditions apply to agreements concluded with Romain Bayer. Deviations or additions are only valid if accepted in writing by Romain Bayer.
2. If the quotation is not signed and received by Romain Bayer within 15 days, Romain Bayer will no longer be bound by it and reserves the right to refuse the awarded works or to accept them with adjusted conditions.
3. Prices provided by Romain Bayer are stated in Euros and are always exclusive of VAT. In the event of an increase in prices from suppliers, Romain Bayer reserves the right to apply these increases at any time to works or deliveries not yet completed.
4. Additional works, unless otherwise agreed, will be carried out at a fixed rate of 50.00 EUR per hour excluding VAT, or 60.50 EUR per hour including VAT.
5. Delivery times are provided for indication purposes only and are not binding. If, due to circumstances beyond Romain Bayer’s control, the execution of the agreement cannot reasonably or timely be carried out, Romain Bayer reserves the right to terminate the agreement or extend the delivery period in proportion to the duration of the impediment. The terms ‘circumstances beyond control’ are construed broadly.
6. The customer must (a) provide the necessary information and all other elements required to carry out the works, (b) inform themselves in advance about the characteristics of the works performed by Romain Bayer, whereby the execution of preparatory and additional works necessary to enable the proper execution of the works is assumed to be known to and fulfilled by the customer, (c) take all precautions to avoid possible damage to networks or PCs as much as possible.
7. Unless otherwise instructed in writing, Romain Bayer is not responsible for examining the environment in which its programs will be used. If requested by the customer to do so, this will be at the customer’s risk.
8. The works are definitively accepted 10 days after delivery in the absence of complaints by registered letter within this period, or upon commencement of use of the programs.
9. Romain Bayer provides a warranty on its designs and programs for 12 (twelve) months. The warranty is limited to free rectification of the defects concerned, and the customer can only invoke this after full payment.
10. In case of complaints, you can contact Romain Bayer whose details are provided in the current quotation. Romain Bayer is solely liable for willful misconduct and gross negligence, and excludes any other liability. Furthermore, Romain Bayer’s liability is at all times limited to the value of the contract. Moreover, Romain Bayer can never be held liable for indirect or consequential damages. The customer is at all times responsible for the programs provided by them, the works carried out by them, and the control thereof.
11. The customer has informed themselves in advance about the characteristics of the work performed by Romain Bayer.
12. The parties are entitled to wholly or partially terminate the agreement extrajudicially by simple registered notification to the other party if it fails to fulfill one of its contractual obligations, and does not remedy this within 8 (eight) days after notice of default. Upon termination of the agreement, a compensation of 25% of the total price is due, without prejudice to the right to claim actual damages (including, for Romain Bayer, the cost of materials already purchased in addition to the 25%).
13. The cancellation of the order entitles automatically to a lump sum compensation amounting to 25% of the value of the order, with the express reservation to claim a higher compensation for proven higher damages (including, for Romain Bayer, tools already purchased in addition to the 25%).
14. Invoices from Romain Bayer are always payable at the registered office of Romain Bayer, no later than 15 days after the invoice date. Any comments regarding the invoice must reach Romain Bayer within this period by registered letter, failing which the invoice will be deemed definitively accepted. In case of non-payment of an invoice, Romain Bayer reserves the right to suspend the execution of ongoing agreements. If an invoice remains unpaid on its due date, it is expressly agreed between the parties that the amount of the account or the remaining balance will be increased by 10%, with a minimum of 250 EUR as a penalty clause, without prejudice to Romain Bayer’s right to claim its actual damages and expenses.
15. This agreement is governed by Belgian law. Only the courts of the Antwerp district, Antwerp division, have jurisdiction.
16. The invalidity, nullity, or unenforceability of one or more clauses or parts of this agreement does not affect the validity of the rest of this agreement, which remains unaffected. The parties agree that they will replace these clauses, clauses, or parts of this agreement with other provisions so that the intended legal and economic consequences are still achieved or approached as closely as possible.
