Article 1
These general terms and conditions are deemed to be accepted by the client, even where they conflict with the client’s own general terms and conditions. AXENTYS formally rejects the application of any clause appearing on any of the client’s documents, including where the client’s terms assert their own precedence. Those of AXENTYS, whether general or specific, shall always prevail. These general terms and conditions apply to all services performed and all products supplied by AXENTYS.

Article 2
Delivery times are given for guidance only and without commitment on the part of AXENTYS. Any delay shall not entitle the client to cancel the sale or to claim compensation for any loss.

Article 3
As deliveries are made subject to availability from the manufacturers, AXENTYS reserves the right to make partial deliveries, giving rise to separate invoices.

Article 4
Invoices are payable in cash unless an express written exemption has been granted. Any late payment shall automatically give rise, without prior notice of default, to late payment interest of 1% per month. In the event of a payment delay exceeding one month, fixed compensation of 10% of the amount of the delivery shall be claimed (with a minimum of EUR 250), without prejudice to AXENTYS’s right to seek termination of the contract. Should AXENTYS, following a late payment, be led to seek termination of the contract and to recover the goods delivered to the client, fixed and non-reducible compensation of 20% (with a minimum of EUR 500) shall be claimed, without prejudice to AXENTYS’s right to prove greater damage. Any late payment of an invoice on its due date shall automatically render all other invoices immediately due and payable.

Article 5
AXENTYS remains the sole holder of the intellectual property rights, including copyright, in all of its IT creations and works. No assignment or licence of these rights in the creations is granted except by written agreement between the parties. In all cases, AXENTYS remains the owner of the computer files and, unless otherwise agreed in writing between the parties, does not transfer the source code thereof.

Article 6
AXENTYS remains the owner of the equipment until the price has been paid in full, the client nevertheless bearing the risk from delivery onwards.

Article 7
AXENTYS cannot be held liable for any damage, harm, errors or omissions, interruptions, defects, theft or destruction caused by its subcontractor. As a reseller, AXENTYS does not warrant the products sold. The warranty on the products sold is that granted by the manufacturer and well known to the client. AXENTYS is not liable for the loss of computer data stored on its subcontractor’s system. Where AXENTYS has formally acknowledged the merits of a claim, it undertakes solely to carry out the necessary correction and repair, without the client being entitled to claim any additional damages. In any event, AXENTYS’s liability is limited to a maximum of the amount of the order. The client therefore expressly waives any claim for compensation for direct or indirect damage that may occur to persons or property as a result of the use of the equipment or of an installed configuration.

Article 8
Goods are, as a rule, delivered to the ground floor. Should delivery exceptionally be made to upper floors or to any part of a building that is difficult to access, delivery shall be made at the client’s risk. All transport and delivery costs are borne exclusively by the client. Goods shipped, even carriage paid, travel at the recipient’s risk. The recipient must send AXENTYS an acknowledgement of receipt within 48 hours of receipt. The absence of an acknowledgement of receipt within this period shall be construed as acceptance of the equipment in good working order.

Article 9
All claims, of whatever nature, must be made by registered letter within eight days of the issue of the invoices or of the receipt of the completed projects. After this period, they can no longer be taken into consideration. A claim does not entitle the client to carry out the repair of the defects itself or to have it carried out by a third party, except with the express written authorisation of AXENTYS.

Article 10
The obligations undertaken by AXENTYS are obligations of means. AXENTYS therefore assumes no obligation of warranty or of result, but undertakes to use all necessary efforts to meet the client’s request within reasonable timeframes. This applies in particular to the setting up and installation of a configuration.

Article 11
This sale is governed exclusively by Belgian law. Only the Courts of Nivelles shall have jurisdiction in the event of a dispute.