Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

Article 1: Applicability

All our sales, works, deliveries and services are exclusively governed by the following general terms and conditions, to the exclusion of any own terms and conditions of the customer, even if these are communicated afterwards. Deviations from our general terms and conditions are only valid if they have been explicitly stipulated and agreed in writing. Any tolerance of or deviation from these Terms on our part shall not be construed as a permanent change to these Terms. The possible legal nullity of a separate provision of these general terms and conditions does not in any way affect the legal validity of the other provisions.

Article 2: Quotations and price lists

All our quotations or price lists are without obligation, unless stipulated otherwise. We are only bound if these quotations or price lists contain a term for acceptance. Orders taken by our representatives, appointees or employees are only valid after written confirmation by an authorized person who can bind our company to do so. All prices stated in quotations are daily prices and prices stated in price lists are valid on the date of issue and based on the price-determining Factors applicable at the time of the quotation or price list, including wage costs, calculated according to normal working hours. Maes Coating Service bvba is therefore entitled to adjust prices if wage costs increase by more than 1.5% or raw material prices by more than 2.5%, without prejudice to price adjustments in the event of force majeure. Cancellation of an order that has already been placed must be made no later than 24 hours after delivery of the goods. If later, the customer must pay a cancellation fee which is estimated at a fixed rate of 50% of the total amount of the order.

Article 3: Implementation terms

The delivery and performance times are stated in good faith, but only approximately and are therefore not binding and do not take unforeseen circumstances into account. Exceeding this cannot give rise to compensation or refusal to have the work carried out.

Article 4: Deliveries

Deliveries are made ex warehouse, which is understood to mean the place from which deliveries are made by or on behalf of us. From the aforementioned delivery, all costs and risks relating to the goods are entirely for the customer, unless otherwise agreed in writing and signed.

Article 5: Liability

Maes Coating Service bvba is not liable for direct or indirect damage in any form whatsoever, which arises or arises during or after the goods processed by us have been delivered to third parties. We guarantee that the powder coating applied by us meets the quality requirements offered in the quotation or price lists, if this coating has been applied to aluminum extruded products of the alloy AA6060 or AA6063 or to rolled products of the alloy AA5005, which are free of corrosion, of which the surface is smooth and undamaged and has not yet been coated. The client cannot claim this guarantee if the non-compliance with the relevant quality requirements concerns 5% or less of the total coated surface. The client can also not claim this guarantee if he has not informed the contractor before the start of the coating work to what the objects will ultimately be exposed to, i.e. atmospheric conditions, exposure to industrial pollution in the air, proximity to overhead lines of public transport. , application in indoor swimming pools, and the like. On the basis of this information, the contractor can oblige the applied coating system to the client in order to comply with the warranty provisions. Excluded from warranty is:

- All consequential damage, including the consequential damage resulting from repair work, including, without this being an exhaustive solution, business disruption, stagnation, evacuation costs, damage to other objects, all in the broadest sense of the word.
- All objects located within 1000 mtr. of the coastline.
- All damage caused by or in connection with natural disasters, wars, insurrection and the like.
- All damage that has arisen as a result of or in connection with changed atmospheric conditions during the warranty period, as well as as a result of or in connection with long-term contamination with construction products such as lime, cement, solvent, and the like.
- All damage as a result of or in connection with defective and/or injudicious and/or insufficient actions in the field of cleaning and maintenance, transport and storage, assembly, mechanical load and/or delivery.
- All damage that has arisen as a result of or in connection with design, construction or material errors. All objects whose corners or edges do not have a radius of curvature of at least 0.5 mm are also excluded from the warranty. All damage caused by incorrect fasteners (no stainless steel or plastic). All damage that arises from uncoated edges that were insufficiently sealed or covered.

The client cannot derive any rights from these guarantee conditions if he has not fulfilled all his financial obligations towards BVBA Maes Coating Service. The guarantee means that the contractor will recoat the relevant products or repair the coating on site at its own expense. With regard to repair or re-coating, a decision will be made in mutual consultation, but in the absence of consensus, Maes Coating Service bvba will take the final decision. If to be stopped immediately during processing, assembly or installation. If the contractor so wishes, the client will provide the opportunity to proceed to the rework and/or repair without hindrance and without delay. The client undertakes to make climbing and scaffolding material available free of charge, if this is necessary. Costs for dismantling, loosening, transport and the man hours required for these works are not included in this warranty. Costs of rework and/or repair are fully or partially borne by the contractor. The share in these costs depends on the year after delivery in which the defect is reported to the contractor in writing. If Maes Coating Service bvba demonstrates that the cause of non-compliance with the agreed quality requirements lies in the raw materials obtained by the contractor from third parties, the contractor's share in the costs of rework and/or repair will never exceed the amount that the relevant supplier of the contractor will reimburse to him. Reworking and/or repairing within the meaning of these guarantee conditions will take place as soon as possible after written notification of the defects by the client in accordance with a system to be determined by the contractor. The guarantee is limited to the re-treatment of the parts to which the guarantee applies. The guarantee will always be limited to the net amount of the original contract price.

Article 6: Terms of payment

All invoices are payable within thirty days at the registered office of BVBA Maes Coating Service in Turnhout, unless otherwise agreed in writing in advance. Failure to pay the invoice on the due date constitutes legal default for the debtor, as a result of which the amount due will be increased by a late payment interest of 12% per annum, from the due date of the invoice until the day of its full payment. In the event of full or partial non-payment of the invoice on the due date, without serious reason, the debt balance will be increased by 12% by way of fixed compensation after a futile notice of default.

Article 7: Dissolution agreement

We reserve the right to regard the agreement with the customer as dissolved by operation of law and without prior notice of default at the expense of the customer in the event of bankruptcy, judicial composition, suspension of payment or apparent insolvency of the customer as well as in the event of any change of the legal form of the customer. If the customer fails to fulfill his payment obligation towards us, we reserve the right, on the one hand, to suspend the further execution of any other agreements or orders placed with the customer until full payment by the customer of all arrears and, on the other hand, to to consider the agreement legally and without prior notice of default as dissolved at the expense of the customer. For all cases in which the agreement is terminated by the customer at the expense of the customer, without prior notice 3 months in advance, the customer undertakes to pay a cancellation fee within 8 days, which is estimated at a flat rate on his average turnover of 3 months during the current year, of the relevant agreement, on the understanding that we can prove the real damage by all legal means if these amount to more. In the event of force majeure on our part, the performance of the agreement will be suspended for as long as the situation of force majeure enables us to perform it, without prejudice to our authority to dissolve the agreement without judicial intervention, in which case the customer is only obliged to pay a reasonable compensation for the work already performed. Force majeure does not entitle the customer to dissolution, compensation or cancellation. Force majeure includes war, danger of war and riots, restrictive measures taken by domestic and foreign governments, fire, flood, strikes, machine damage, shortages of raw materials, lack of personnel, traffic congestion, lack of means of transport, lockouts, sabotage and in general all unforeseen circumstances, such as at home and abroad, as a result of which compliance with the agreement can no longer reasonably be expected of us.

Article 8: Applicable law and court

Belgian law is exclusively applicable to all agreements and the courts of Turnhout have jurisdiction.