Contractor: Munkhaven Cottage Gardens, brand name of Pascal Heyse with social address Binnendijk 87 in 9130 Verrebroek. Company number BE 0748.693.411. Client: any natural or legal person with whom Munkhaven Cottage Gardens concludes an agreement, or negotiates the conclusion thereof, or to whom Munkhaven Cottage Gardens issues an offer.
Quotations, agreement and confirmation
General These terms and conditions apply to all quotations and agreements, deliveries and services between the client and Munkhaven Cottage Gardens, unless otherwise agreed and this has been confirmed in writing by Munkhaven Cottage Gardens. The conditions are known to both parties when entering into the agreement.
Quotation Quotations are without obligation, unless expressly agreed otherwise. If the original content of the assignment changes, the quotation can be changed. Munkhaven Cottage Gardens is not bound by the price given for the assignment if it appears that the client requires more or different work than agreed. There is no obligation to deliver part of the order against a corresponding part of the price quoted for the whole. Costs of third parties are charged directly. This also applies to price changes at third parties.
Order confirmation Orders must be confirmed by the client in writing or by e-mail. If the client fails to do so, but nevertheless verbally agrees that Munkhaven Cottage Gardens will commence the execution of the assignment, the content of the quotation will count as agreed.
The execution of the agreement
Provision of data and materialsThe client undertakes to timely delivery of the necessary complete, sound and clear data or materials. Delivery of incomplete, inadequate and/or unclear data or materials remains at the risk of the client.
Confidential informationThe client and Munkhaven Cottage Gardens undertake to treat all information confidentially when entering into the agreement.
Changes to the assignmentChanges relating to the assignment must be notified by the client to Munkhaven Cottage Gardens in a timely manner and in writing .
Use of services/products of third parties Use of services/products of third parties with regard to the assignment are at the expense and risk of the client. Munkhaven Cottage Gardens acts as an intermediary: there is an agreed fee in return. When payment to third parties goes through Munkhaven Cottage Gardens, Munkhaven Cottage Gardens is entitled to demand an advance on the costs from the client.
Term and delivery The delivery periods agreed between the client and Munkhaven Cottage Gardens are indicative and cannot be regarded as definitive deadlines, unless otherwise agreed in writing. In the event of deviations in the original agreement, the agreed delivery time can be changed.
Copyright, design right and propertyrights
Copyright and industrial property All intellectual property of the designs, sketches, drawings, photographs, films and the like designed and/or created by Munkhaven Cottage Gardens remains with Munkhaven Cottage Gardens.
Copyright Munkhaven Cottage Gardens guarantees that the goods supplied by Munkhaven Cottage Gardens have been designed and that it is considered a creator within the meaning of the Copyright Act and that it can dispose of the work as a copyright holder. Copyrights are not included in the cost of a design. The client declares not to infringe the copyright or industrial property rights of third parties and indemnifies Munkhaven Cottage Gardens from the consequences of improper use thereof.
Research to the existence of rights Munkhaven Cottage Gardens is not obliged to conduct research into the existence of relevant rights with regard to the assignment and / or client.
Attribution If the work does not lend itself to it, Munkhaven Cottage Gardens is at all times entitled to mention or remove its name on or with the work and the client is not permitted to publish or reproduce the work without prior permission without mentioning the name of Munkhaven Cottage Gardens, unless otherwise agreed.
Use
The use The assignment agreement specifies what the design will be used for. If the client wishes to expand the use, this will be done in consultation with Munkhaven Cottage Gardens, unless otherwise agreed. The right of use applies as long as the client complies with the financial obligations associated with this. Use by third parties is only permitted with the written permission of Munkhaven Cottage Gardens.
Changes to design The client may make changes to the preliminary or final designs without the written permission of Munkhaven Cottage Gardens. Munkhaven Cottage Gardens must be the first to be able to implement a change desired by the client. In such a case, it must be agreed and agreed whether the name Munkhaven Cottage Gardens will remain connected to this.
Use by Munkhaven Cottage Gardens In principle, Munkhaven Cottage Gardens has the freedom to use all designs for its own promotion and/or publicity. Unless the client explicitly indicates that he does not want this. Munkhaven Cottage Gardens will of course treat privacy-sensitive information as such.
Fee
Fee and additional costs In the agreed fee for design, advice and/or other services, travel costs are included, unless otherwise agreed on the basis of the quotation. Special or additional costs will be agreed in advance. Quotations include VAT.
Fee in case of changed assignment / additional work When Munkhaven Cottage Gardens has to perform more or other work as a result of incorrectly provided information or materials in the assignment, these activities will be charged separately. Changes to the assignment that lead to (significantly) less work and/or costs can of course lead to adjustment of the previously agreed amount. In this case, the Client must request an adjusted quotation.
Payment and purchase
Payment obligation Payments must be made within 14 days of the invoice date. If, by the expiry of this period, Munkhaven Cottage Gardens has not yet received (full) payment, the client is in default and owes the statutory interest on the invoiced amount. All costs incurred by Munkhaven Cottage Gardens such as legal costs and extrajudicial costs, including the costs for legal assistance, bailiffs and collection agencies incurred in connection with late payments, shall be borne by the client. The extrajudicial costs are set at at least 10% of the invoice amount with a minimum of 150 euros excluding VAT.
Periodic payment Munkhaven Cottage Gardens has the right to charge its fee in installments in accordance with the provisions of the offer.
Suspension When the client fails to comply with payment obligations to Munkhaven Cottage Gardens, Munkhaven Cottage Gardens has the right to suspend all rights and deliveries transferred in relation to the agreement until the moment that the payment obligation has been met. The client may not use the designs and products until that moment. Munkhaven Cottage Gardens may require sufficient security for payment and is entitled to discontinue the order if this security cannot be given.
Resolutive conditions All deliveries resulting from the full or partial execution of the assignment take place under the resolutive conditions of payment.
Revocation or termination of the assignment
Revocation of the order When the execution of the assignment or the delivery of the work is delayed or cancelled by the client due to default or force majeure of the client, the client must pay the full agreed amount as well as the costs already incurred, without prejudice to munkhaven Cottage Gardens' right to claim further costs or compensation.
Termination by the client In the event of total or partial cancellation of the assignment by the client, the client must reimburse all costs incurred in the context of the agreement. All without prejudice to the right of Munkhaven Cottage Gardens to compensation for loss of profit and costs and / or damage resulting from cancellation.
Termination of the assignment by the contractor When obligations are not, not fully or not timely fulfilled by the client, in the event of bankruptcy or suspension of payment in the event of liquidation of the client, the client is attributable to default. In these cases, Munkhaven Cottage Gardens has the right to suspend or dissolve the agreement in whole or in part without summons and/or judicial intervention, without being obliged to pay any compensation.
Force majeure Sickness and/or (temporary) incapacity for work of Munkhaven Cottage Gardens releases it from fulfilling the agreed delivery period and/or delivery obligation. The client can then not claim compensation for costs and damage. Munkhaven Cottage Gardens will report illness and temporary or permanent incapacity for work to the client as soon as possible. After receipt of the notification, the client has the right to cancel the assignment in writing, but with the obligation to reimburse the part of the assignment that has already been carried out.
Liability
Property of the client Munkhaven Cottage Gardens stores, uses, processes and processes items entrusted to it by the client with the same care as when it comes to its own affairs. If the client wants to see the goods insured, he must take care of this himself.
Property of Munkhaven Cottage Gardens In the event of damage, theft or destruction of goods made available to the client by Munkhaven Cottage Gardens, the damage will be charged.
Liability Munkhaven Cottage Gardens is not liable for errors (in the text or drawing) of the design, when the client has carried out an inspection and has given his approval. Munkhaven Cottage Gardens is not liable for errors made by third parties or for errors as a result of unclear or incorrect information provided by the client.
Delivered materials If the client has provided Munkhaven Cottage Gardens with materials necessary for the execution of the assignment, the client indemnifies Munkhaven Cottage Gardens against claims from third parties with regard to any property right or copyrights resting on these materials.
Limitation of liability Insofar as Munkhaven Cottage Gardens would be obliged to compensate any damage on the basis of defects in the delivered goods, this compensation is limited to a maximum of the invoice amount that relates to the delivered goods, less the costs incurred by Munkhaven Cottage Gardens for the engagement of third parties.
Lapse of liability The Client indemnifies Munkhaven Cottage Gardens from liability for and the consequences of claims from third parties due to damage, occurred in connection with services provided by Munkhaven Cottage Gardens to the client. Any liability lapses by the course of 1 year from the moment the assignment is completed.
Inspection and complaints
Inspection and complaintsClient is obliged to carefully examine the designs, quotations from third parties and order confirmations delivered by Munkhaven Cottage Gardens for errors and defects and to report any errors and defects to Munkhaven Cottage Gardens within 8 days of receipt. If no errors or defects are found, the client must give its approval in writing, whereby the approval is deemed to have been given if the contractor has not received a response within 8 days. The Client is obliged to inspect received goods, products, services, goods, and others immediately upon receipt. Complaints must be reported to Munkhaven Cottage Gardens in writing within 8 days of delivery of the goods. Complaints never give the client any right to suspend payment of the agreed price or additional costs in whole or in part, while any appeal to set-off is expressly excluded. Defects that could not reasonably have been detected within the set period must be reported to Munkhaven Cottage Gardens in writing immediately after discovery and at the latest within 30 days after delivery of the goods. Munkhaven Cottage Gardens will make every effort to resolve the complaints within all reasonableness and thus prevent extra costs for the client.
Other provisions
Other conditions General and special conditions of the client are only binding if they do not conflict with the conditions of Munkhaven Cottage Gardens and Munkhaven Cottage Gardens has accepted these conditions in writing.
These terms and conditions, the agreement that Munkhaven Cottage Gardens concludes with the client, the conclusion thereof and for all quotations and order confirmations issued by Munkhaven Cottage Gardens are governed by Belgian law. In the event of any disputes, the parties will first try to reach a solution in all reasonableness. Legal proceedings will only be submitted to a competent court in Belgium. The annulment by the court of one of the aforementioned provisions does not affect the legal validity of the other provisions.