1. Unless explicitly stipulated otherwise, every agreement with H&S Powersolutions (hereinafter the seller) comes into being under the general terms and conditions and, if applicable, the special terms and conditions stated on the order form. The general and special terms and conditions of the co-contractor (hereinafter the buyer) are expressly excluded and do not apply to this contract.
2. The signing of the order form establishes the contract between the seller and the buyer. Unless the customer applies for financing through the seller’s financial advisor where the contract applies under the condition precedent of obtaining financing.
3. The delivery date or deadline is specified when the order is placed. Upon expiration of the delivery date or deadline, the buyer shall give notice of default to the seller by registered mail and provide the seller with an additional reasonable period to proceed with delivery. In the event of unforeseen circumstances independent of his will, the seller has the right to notify the buyer of the existence of these circumstances within 14 days of becoming aware of them and at the latest on the scheduled delivery date. If the seller cannot make delivery within the reasonable period of time and cannot invoke reasons of force majeure, the contract shall be terminated at the seller’s charge and the customer shall be entitled to reimbursement of the advance payment without prejudice to the buyer’s right to effectively prove his higher damage. However, if the buyer terminates the contract before the delivery date or deadline has expired or its extension by a reasonable period of time, he shall owe the seller compensation in the amount of the advance payment made without prejudice to the seller’s right to effectively prove his higher damage. If, at the request of the buyer, the delivery date or term is extended, the buyer is obliged to settle the outstanding balance within 14 days from the notification by the buyer and the seller has the right to charge custodial costs at the rate of 1% per month on the value of the goods invoiced monthly.
4. Delivery/installation is scheduled at the address provided on the order form. The buyer must verify all deliveries from the seller upon receipt of the goods. This counts as acceptance. The goods delivered shall be deemed irrevocably accepted in any event in the absence of a registered letter within 10 days of receipt. Acceptance covers all visible defects. The seller is not bound to indemnify with regard to hidden defects. The seller’s indemnity and liability obligation is in accordance with the entries of the special terms and conditions on the order form. In case the seller is liable for defects, he is only obliged to replace or repair the delivered goods at the seller’s discretion. The buyer must notify the seller of the existence of the defect by registered letter within one month of its discovery. The seller has the right to refuse the repair or replacement if it is disproportionate considering the value of the goods, the severity of the defect or if an alternative form of satisfaction is possible for the buyer.
5. Payment for the goods shall be made in cash upon delivery or by bank transfer before delivery less the advance paid upon signing the order form which shall be paid within 14 days following the conclusion of the agreement. The prices are expressed in euros and include VAT, which is always borne by the buyer. Increases in production, construction and fixing costs (wages, materials, raw materials, transport costs, import duties or price changes at the suppliers) shall give rise to a price revision and recharge to the buyer of these costs. These costs will be notified to the buyer. In such a case, the buyer has the right to terminate the contract but subject to payment of damages in the amount of the advance paid, without prejudice to the seller’s right to prove his higher damage. If the buyer makes changes to the delivery date, delivery place or delivery conditions or in case of providing incorrect information, the seller shall be entitled to pass on the resulting additional costs.
6. Any protest to the invoice must be notified to the seller by registered mail within 8 days of receipt, failing which the invoice shall be deemed irrevocably accepted. Invoices are payable within a period of 14 days from the date of sending the invoice. The invoices shall be increased on the due date and by operation of law and without prior notice of default by an interest on arrears calculated at the legal interest rate as well as by a fixed compensation of 10% on the outstanding balance with a minimum of 250 euros. In the event of late payment by the buyer, the seller has the right to suspend the execution of the agreement until full payment of the outstanding amount has been obtained.
7. The buyer is entitled to cancel the order free of charge up to and including 14 calendar days following the day after the order form has been signed or following the day after the financing has been approved, but only if the latter option is used. If there is a cancellation after the expiration of this period either 14 calendar days after the signing of the order form or 14 calendar days after the approval of the financing by the buyer, he is obliged to pay 25% of the total amount due to the seller. The buyer may cancel the contract without giving reasons within the stipulated period of 14 days after signing the order form or if this option is used the approval of financing. To exercise the right of withdrawal, it is sufficient to notify the seller by registered letter, fax or e-mail. The buyer may also use the model withdrawal form attached to the order form for this purpose but is not obliged to do so. In case of revocation of the contract, the buyer will receive back all payments from the seller that he has already made less any costs that the seller would have already incurred.
8. The goods sold remain the property of the seller until full payment of the invoice amount by the buyer. Risk of loss or damage passes to the buyer from the signing of the contract. The buyer may not alienate, incorporate, make immovable by destination, nor pledge or encumber the goods that have not been paid in full in favor of third parties with any other right or security. To the extent that the buyer would dispose of the goods that have not been paid for in full, the buyer’s claim against the third party shall be transferred to the seller by operation of law, without prejudice to all remedies that the seller may assert with respect to the buyer and the third party, it being understood that this assignment shall not in any way liberate the buyer from the seller.
9. We provide free assistance in case of damage due to legally recognized natural disasters upon approval of our expert assessment. The expert report is delivered free of charge. We replace up to 15 solar panels free of charge in this case.
10. All claims against the seller shall lapse two years from delivery of the goods or completion of the work without prejudice to shorter periods pursuant to law or special terms of the seller.
11. Any nullity of one or more provisions of these general conditions is limited to the relevant provisions and does not affect the other provisions.
12. The seller shall not be liable for the application nor approval and payment of premiums. The inspection is requested after the full invoice amount is settled.
13. The standard VAT rate of 21% shall apply unless the buyer expressly confirms in writing that (i) the works are performed on a dwelling whose first occupation took place in a calendar year at least ten years prior to the date of the first invoice relating to the works (ii) the property will be used exclusively or primarily as a private residence after completion of the works and (iii) the works are provided and invoiced to a final consumer. Any subsequent claims for VAT including any increases and interest are always at the buyer’s expense.
14. The present agreement is governed by Belgian law. In case of disputes, only the courts of the judicial district of Limburg department of Hasselt are competent to take cognizance of the dispute.