General sales and contracting conditions MonaVisa bv

These terms and conditions apply to all agreements concluded by MonaVisa bv, unless the parties expressly agree otherwise in writing. The client/customer is deemed to be familiar with these general terms and conditions. The absence of any response within eight days of first becoming aware of them will render them enforceable, including for subsequent agreements. These terms and conditions take absolute precedence over the order and/or purchase conditions of the client or customer, even if the latter stipulate otherwise. An agreement is concluded solely between the client/customer and MonaVisa bv. The client/customer expressly accepts that they have no claim of any kind against MonaVisa bv’s agents, such as subcontractors, employees, independent contractors, or directors. These agents may also invoke the general terms and conditions of cooperation.

1. Choice of law and forum
All agreements concluded by MonaVisa bv shall be governed solely by Belgian law. This provision applies in any case, regardless of the capacity of the parties and the place where the agreement was concluded or where it is to be performed, to the extent that the determination of the applicable law is permitted. All legal actions relating to these invoices or contracts fall under the jurisdiction of the Courts of Kortrijk or the Justice of the Peace of the Canton of Roeselare. All this to the extent that the determination of the competent court is permitted.

2. Invoice and payment
The prices in the invoice are subject to change if the finished dimensions differ from those in the quote. Specific connections and preparations not included in the quote must always be provided by the customer in advance. Deviations from these will always result in additional costs. MonaVisa bv cannot be held liable for incorrect connections and/or preparations that cause delays in the work to be carried out. A 50% deposit must be paid in cash before the start of the work. The balance is then due 15 days after the final invoice date. MonaVisa bv’s invoices are always payable in cash at its registered office in Roeselare. These invoices are payable in cash without discount upon issue. After the second payment reminder, a registered letter with an administrative fee of EUR 25.00 will follow. Any overdue payment automatically and without notice of default will accrue conventional interest equal to 1% per month or part thereof. Furthermore, in the event of full or partial non-payment of the debt on the due date without serious reason, after a futile notice of default, the outstanding balance will be increased by a conventional compensation of 12%, with a minimum of EUR 250.00 and a maximum of EUR 2,500.00. If, in deviation from the above, MonaVisa bv nevertheless grants installments, the installments not yet due become due upon the first default. The same applies if the customer protests accepted bills of exchange. In the event of non-payment, all rights to commission or agreed-upon discounts are forfeited. In the event of late payment, MonaVisa bv reserves the right, without summons, to suspend its services, regardless of whether these arise from the current, previous, or subsequent contracts, and to resume them only, unless otherwise stipulated, from the
Regularization of payment. Any late payment, even partial, by the customer on the due date entitles MonaVisa BV to automatically and legally declare the contract terminated. Notification of this termination may be made by any evidentiary means. Late payment interest, as well as the fixed compensation, remains payable to MonaVisa BV regardless of the
declaration of dissolution of the sale.

3. Delivery or finishing times
Delivery or completion times are always purely informative or indicative and never constitute grounds for cancellation or compensation. Installation will be scheduled at least three weeks after receipt of the order confirmation and always in consultation with the planning department. Postponement/rescheduling of already agreed-upon schedules due to circumstances beyond the control of MonaVisa bv cannot give rise to a claim for compensation from the customer.

4. Execution
The client must provide parking facilities for vans during the work, if necessary. The client will submit the necessary administrative requests for this. Any parking fines will be charged to the client if the client does not provide parking facilities. MonaVisa is not responsible for any damage caused by drilling through concealed pipes in walls and floors. Pipes are assumed to be absent in the areas where installation is required. If there are, the client or contractor must clearly indicate where drilling is prohibited. A clear plan can also be provided in advance to MonaVisa’s project management, who will then clearly communicate this to the installation staff. If no prior written notification or clear on-site warning is given, MonaVisa cannot be held liable, and the client will indemnify MonaVisa against any third-party claims in this regard. MonaVisa cannot be held responsible or liable for any cleanup work after the work is completed. MonaVisa’s technicians will take away all waste they have created. Customers are never entitled to invoice MonaVisa for any cleanup work.

5. Images
The client must provide the images. Additional layout work by MonaVisa will be charged at EUR 65.00 per hour. Delivery times for printed canvases are always coordinated with the print schedule and are at least five business days after receipt of usable images. MonaVisa bv cannot be held liable for images supplied by the client for which royalties must be paid. The client will bear all consequences of any claims for damages if they have not legally settled these royalties. Potential consequences regarding image rights can never lead to non-payment of the invoice(s) to MonaVisa bv. MonaVisa bv can provide the client with all information regarding the purchase of images upon simple request. MonaVisa bv cannot be held responsible for deviations in the printed colors from the supplied image. Color deviations can always occur due to the use of different materials or substrates. In case of doubt, a proof print can be requested in advance and for a fee. Deviating colours can never give rise to non-payment of the invoice(s) to MonaVisa bv.

6. Lump sum compensation upon termination of the agreement
If the customer fails to comply with an obligation, MonaVisa bv has the choice between forced execution or termination of the agreement, where applicable in accordance with Article 2 in fine, against a fixed compensation equal to 20% of the purchase or contract price, unless MonaVisa bv opts for compensation for proven damage.

7. Complaints
In accordance with Articles 1641 et seq. of the Civil Code, any complaint or comment must be reported upon delivery and, in the case of a latent defect, immediately upon discovery. If receipt of the timely complaint is not confirmed in writing by MonaVisa BV immediately, the complaint or comment must also be notified and confirmed to MonaVisa BV within five days, in a detailed letter clearly referring to the date of the complaint or comment, by registered mail, under penalty of inadmissibility. Complaints about invoices must also be reported in writing in the same manner and under the same conditions within five days of receipt of the invoice. The warranty against latent defects is strictly limited to the repair or replacement of defective goods, without any right to compensation for abnormal wear and tear or any consequential damage.

8. Warranty
MonaVisa bv is not obligated to provide any other or more extensive warranty than that provided by the product manufacturer. In the event that MonaVisa bv provides a personal warranty, the customer can only invoke this obligation if the goods in question were installed by MonaVisa bv. Any warranty obligation will lapse if the customer fails to strictly adhere to the manufacturer’s instructions or uses the goods for improper purposes.

9. Retention of title
The sold goods remain the property of MonaVisa BV until full payment of the principal and accessories has been made. In the event of resale, MonaVisa BV reserves the right to claim the amount corresponding to the value of the resold goods. The retention of title is transferred to the resale price. Once the goods have been delivered or the customer fails to take delivery of them, the buyer bears all risks, including cases of force majeure and destruction, and the cost of storage. Failure to pay any amount due by the due date may result in the reclaiming of the goods.

10. Right of retention
MonaVisa bv may also exercise its right of retention in respect of outstanding debts arising from other deliveries and services.