GENERAL TERMS AND CONDITIONS OF FLUXOLOGY
Article 1: Applicability. The general terms and conditions of Fluxology shall apply to all its contractual obligations and excludes the application of any other general terms and conditions. The acceptance of a price quotation from Fluxology implies the acceptance of these general terms and conditions, and thus implies that he/she acknowledges and agrees to these general terms and conditions. These general terms and conditions can neither be altered nor cancelled without the explicit and written permission of Fluxology. Present general terms and conditions cancel out all conflicting notions, which are mentioned on the clients’ correspondence.
Article 2: Offer and Agreement. Every price quotation made by Fluxology shall be valid for thirty days, unless otherwise specified explicitly and in writing. Any change in the price quotation shall only be binding upon Fluxology if confirmed by Fluxology explicitly and in writing. Fluxology furthermore retains the right to adjust the stated price, even after the order, should unforeseen circumstances arise. This adjustment may account for no more than 12.5 % of the originally agreed price. If reductions were granted, these apply exclusively to the individual order for which they were given. They shall under no circumstances, even after their repeated extension, give the customer any right to similar discounts on any later order. Each offer or agreement, made by one of the representatives, agents or middelmen in general of Fluxology, only bindes Fluxology after a written confirmation issued by a mandatory of Fluxology, who is legally abt to represent Fluxology and only as so far that the offer or agreement does not conflict with the formerly mentioned general terms and conditions. All oral commitments made by Fluxology staff, of any kind they may be, are only rendered valid after a written confirmation by Fluxology. Furthermore an offer or commitment issued by phone, is only rendered valid after a written confirmation by Fluxology.
Article 3: Acceptance and Cancellation. The acceptance of purchased services occurs at the moment that the customer confirms the assignment and pricing offer in writing. In the event of cancellation after approval of the price quotation, the customer shall automatically and without prior notice be liable to pay fixed damages in the sum of 50 % of the total price set out in the quotation, unless this cancellation takes place within thirty days of the event in question, in which case the total price set out in the quotation shall be due. These fixed damages do not affect Fluxology’s right to recover any additional proven losses.
Article 4: Terms of delivery and execution. Fluxology undertakes to meet the proposed deadlines as closely as possible. These deadlines are, however, only approximations. A failure to meet such deadline, for whatsoever reason, shall not give the customer the right to compensation or to terminate the contract, to fail to meet any obligations towards Fluxology. Should Fluxology be hindered in the performance of the contract by force majeure, strike, lock-out or other unforeseeable circumstances from meeting its obligations to the customer, regardless of whether this obstacle extends to the whole performance or only a part thereof, and regardless of whether the obstacle is temporary or definitive, it has the right, without prejudice to its future rights and without judicial intervention, at its own choice either to suspend the performance of the contract or to regard the contract as terminated either wholly or in part, without incurring any liability for damages. The customer shall under all circumstances be liable for payment of services already delivered. Fluxology reserves the right, automatically and without prior notice, to deem the contract to be terminated in the event of the liquidation, evident insolvency, or any other change to the legal status of the customer. In case of loss, damage or theft of any of Fluxology's equipment used during the contracted mission, the client will be held responsible and will be accountable for the equipment.
Article 5: Price and Payment. Unless agreed otherwise, Fluxology’s invoices are payable without discount to the address of its registered office. Payment terms are thirty (30) days after the invoice date, unless otherwise agreed in writing. The customer explicitly renounces his right to compensation with any counterclaim from his part. Complaints regarding a distinct element in a specified account shall not in any event release the customer from his obligation to pay for the remaining items on the invoice. The client does not have the right to engage in any sort of debt compensation, except if a written agreement claims otherwise. In the absence of payment within due time, all outstanding sums shall automatically and without prior notice be subjected to interest at the rate of 1 % a month, calculated from the due date of the invoice til the date of the settlement of the whole invoice amount. Likewise automatically and without prior notice, fixed damages shall be due in the sum of 15 % of the invoiced amount – with a minimum of €50,00. Expenses in connection with unpaid bills or cheques and any other recovery costs are not included and will be separately invoiced to the customer. In the event of (partial) failure to pay within the rendered payment terms, all outstanding sums shall fall due immediately. In addition this shall entitle Fluxology to demand cash payment for any further sales, renting of material and services or deliveries of any nature whatsoever, irrespective of the conditions of the contract or the order in question and without prejudice to the right of Fluxology to cease further deliveries. Finally, Fluxology reserves the right to terminate the contract by registered letter automatically and without prior notice either wholly or in respect of the unperformed part thereof. In such an event the termination of the contract shall take place on the eighth day after despatch of the registered letter. All complaints regarding the contract, in the broadest sense, must be despatched by registered letter to the registered office of Fluxology within eight days of the invoice date or via mail to firstname.lastname@example.org. After this time, no complaints shall be valid. A response to a late complaint shall not invalidate this clause.
Article 6: Complaints and Disagreements. Complaints regarding rendered services will only be accepted if the remarks are formulated in a clear way and despatched by registered letter within 8 working days to the corporate headquarters of Fluxology or via mail to email@example.com. In case of any dispute, both parties commit to the working out of a swift and just solution. Complaints can never result in payment default, even when filed in a timely fashion.
Article 7: Complaints and Disagreements over shuttle-services. If Fluxology - as per specific customer’s request - as part of the contract additionally undertakes the organization of a shuttle service, it may not be held liable for any consequential damage(s). In such an event Fluxology acts as an intermediary between the third-party passenger transport company and the customer, without itself entering into any contractual undertaking, except when the transport of passengers is organized by means of a vehicle owned by Fluxology. Should any damage occur during or as a result of this transport, the customer shall handle the matter directly with the third-party passenger transport company.
Article 8: Applicable law and Authorization. In the event of a dispute, solely the courts of the judicial district of Brussels shall have jurisdiction. All obligations entered into by Fluxology shall be governed by Belgian Law.