Article 1. Scope

1.1 All contracts concluded between ELEKTRO DECRAEN and the customer are subject to these terms and conditions, which the customer acknowledges having read. Any other or conflicting terms from the customer, even those stated on their order forms or other documents, shall be considered null and void. Under no circumstances can the silence of ELEKTRO DECRAEN be interpreted as acceptance of any other terms.

1.2 All contracts are deemed to have been concluded at the headquarters of ELEKTRO DECRAEN.

Article 2. Tenders/price quotes

2.1 Offers or price estimates made by ELEKTRO DECRAEN are valid for thirty days, unless otherwise indicated by ELEKTRO DECRAEN. Price quotes are subject to change and without obligation, any changes from the quote will be settled later.

2.2 The contract is established by the confirmation of acceptance of the price offer by the customer to ELEKTRO DECRAEN.

2.3 If the customer places orders by telephone or orally, the contract is considered concluded when the customer receives an order confirmation from ELEKTRO DECRAEN and does not object within 2 working days. The order confirmation transmitted by ELEKTRO DECRAEN contains the complete agreement between the parties.

2.4 The prices included in an offer or quotation are stated in euros and are exclusive of VAT, unless expressly indicated otherwise. Additional work will be charged at EUR 55.00 excluding VAT/hour and at cost price of the materials used.

Article 3. Storage of customer data

Customer data is stored by ELEKTRO DECRAEN in accordance with the legal provisions.

Article 4. Implementation deadlines

The execution times indicated on the offer are only indicative and can be modified by ELEKTRO DECRAEN. Delay in execution can in no case give rise to payment of any form of compensation or to termination of the contract.

Article 5. Warranty

The works carried out and delivered by ELEKTRO DECRAEN, are under guarantee by ELEKTRO DECRAEN for two years, except contrary to this in ELEKTRO DECRAEN’s quotations and price estimates. This guarantee includes the assistance of ELEKTRO DECRAEN, including working hours.

Article 6. Obligations of the customer at the start of the works

The customer shall provide throughout the duration of the works:

– Running water;

– Electricity;

– Permanent access to the fuse box;

– Free and easy access to the yard;

– Pure soil free of waste;

Article 7. Acceptance

7.1 The customer must inspect the quality of the works and report any defects within a period of 7 days. ELEKTRO DECRAEN undertakes to solve the remarks formulated by the client, within a reasonable period determined in consultation with the client. In the absence of any remarks, the delivered works are deemed to be integrally accepted by the client.

7.2 Any hidden defects discovered by the customer after delivery of the works must be reported to ELEKTRO DECRAEN within a period of one month after their discovery. If the customer does not inform ELEKTRO DECRAEN in time, the works are deemed to have been accepted by the customer, also with regard to these hidden defects.

Article 8. Damage caused by third parties

If damages are caused by third parties during and after the works, the cost of repair will be settled by ELEKTRO DECRAEN on a cost-plus basis, if expressly requested in writing by the customer.

Article 9. Cancellation

9.1 In case of cancellation of the order by the customer, the customer will owe a cancellation fee of 20% of the total amounts due, without prejudice to ELEKTRO DECRAEN’s right to prove greater damages.

9.2 Cancellations must be notified to ELEKTRO DECRAEN by registered letter at least 15 working days before the delivery of the materials. Cancellations are only valid with prior payment of the amount mentioned in 9.1, whereby this amount can be set off against the advance already paid by the customer. In case of late cancellation, or in case of absence of (timely) payment, ELEKTRO DECRAEN will have the right, at its choice, to demand the further execution of the contract, or to claim the amount due mentioned in point 9.1.

Article 10. Invoice price and payment

10.1 Unless otherwise stipulated in ELEKTRO DECRAEN’s quotes and price estimates, the customer shall pay 20% of the total amount when placing the order, 40% at the start of the works and the remaining balance of 40% after completion of the works. ELEKTRO DECRAEN’s invoices must be paid within fourteen days of the invoice date, unless ELEKTRO DECRAEN expressly deviates from this.

10.2 If payment is not made (on time), the customer commits a breach of contract. From that moment on, without prior notice of default, a default interest of 10% per year on the amounts invoiced shall be due.

10.3 If the customer defaults on his payment obligations, the invoice amount will additionally be increased by a flat-rate compensation of 10% with a minimum of EUR 125.00.

10.4 In case of non-payment of the invoice, ELEKTRO DECRAEN reserves the right not to continue the work, and to start on a next yard. This means that only after finishing this last yard the work will be restarted.

10.5 The customer may not withhold any amount as a deposit and may not exercise any right of retention or compensation on any grounds whatsoever.

10.6 Payment implies that the work performed was carried out in accordance with the order, and has no defects.

Article 11. Force Majeure

11.1 If ELEKTRO DECRAEN is temporarily prevented from fulfilling its obligations due to force majeure, these are suspended.

11.2 Force majeure means circumstances which prevent the fulfilment of the commitment and which cannot be attributed to ELEKTRO DECRAEN. This includes; strikes, bad weather conditions, frost, unforeseeable circumstances at suppliers or third parties on which ELEKTRO DECRAEN depends.

11.3 If a force majeure situation as referred to in this article lasts longer than one month, both parties are entitled to dissolve the contract, without any obligation to pay damages in that case. If ELEKTRO DECRAEN has partially fulfilled its obligations when the force majeure occurs, it is entitled to invoice this part separately and the customer is obliged to pay this invoice as if it were a separate contract.

Article 12. Liability

12.1 ELEKTRO DECRAEN will in no case be held liable for indirect, indirect, economic damage or for damage to reputation or loss of profits, from opportunities to contract, etc.

12.2 ELEKTRO DECRAEN can only be held liable for damages in case of intent or gross negligence, both when addressed on a contractual basis and when addressed on a non-contractual basis.

12.3 In case of damages resulting from the violation or non-performance of an obligation of the contract, respectively, the liability of ELEKTRO DECRAEN is limited to compensating only those damages, whose causal connection to the violation or non-performance of the contract, the customer can prove.

12.4 The limitations on damages resulting from this article also apply to the organs, managerial personnel of ELEKTRO DECRAEN or the employees, respectively staff members and/or subcontractors of ELEKTRO DECRAEN.

12.5 In any case, the liability of ELEKTRO DECRAEN is limited to the amounts invoiced by ELEKTRO DECRAEN. No additional compensation can be demanded from ELEKTRO DECRAEN.

Article 13. Disclaimer – Limitation of Liability

ELEKTRO DECRAEN acts as installer of various technical systems, including but not limited to charging infrastructure and energy storage systems (such as charging stations, batteries, etc.). The correct operation of these systems is inextricably linked to the software and hardware components provided by external suppliers. The configuration, operation and availability of these solutions may be changed or modified by these suppliers at any time and without notice. ELKTRO DECRAEN cannot be held liable for any direct or indirect damage resulting from such modifications, nor for defects or malfunctions resulting from decisions, updates or modifications beyond its control.

Article 14. Retention of title

Notwithstanding article 1583 of the Civil Code, the delivered goods, even if these goods were incorporated, remain the property of ELEKTRO DECRAEN until the moment of full payment of the price in principal, interests and possible costs. In the case of payment by check or bank transfer, the transfer of ownership occurs after final collection of the amounts. All risks shall be borne by the purchaser as from the completion of the works.

Article 15. Complaints

Under penalty of cancellation, the customer must make any complaint or protest regarding the invoices of ELEKTRO DECRAEN within 5 working days after the invoice date by registered letter to ELEKTRO DECRAEN, mentioning the invoice number and date.

Article 16. Authority

Any dispute will be settled by the court competent for the place where the registered office of ELEKTRO DECRAEN is located.

Article 17. Applicable law

Any agreement between ELEKTRO DECRAEN and the customer is subject to Belgian law.

Article 18. Validity

If any provision of these general terms and conditions is held to be invalid or declared null and void, this shall not affect the application of the remaining provisions. The parties shall replace the invalid provision in good faith with a valid provision of as similar purport as possible.