1. Definition
 

“COMPUTER TELECOM”: COMPUTER TELECOM, whose registered office is located at 7110 Strépy-Bracquegnies, Rue de la Croix du Maïeur 15, BCE n°0878.785.851. “The customer”: Co-contractor included in the documents issued by COMPUTER TELECOM.

2. Acceptance of Terms and Scope
 

Except for special conditions mentioned on the front and signed for agreement by the customer, only these general conditions will be valid. Relations between parties are governed by these general conditions, subject to the special conditions reproduced on the front.

These general terms and conditions supersede those that may be included in COMPUTER TELECOM's customer documents. The customer expressly acknowledges having read them, adhering to them by expressly renouncing to avail themselves of theirs, which will therefore not be opposable to COMPUTER TELECOM, and this upon acceptance of the offer or the order, so that COMPUTER TELECOM formally declines the application of any clause appearing on the client's documents, those of COMPUTER TELECOM (general or specific) always prevailing.

3. Validity of offers
 

COMPUTER TELECOM's offers are valid for thirty days and are based on the prices in effect at the time of their issue. After this period, they will only be valid for information. The delivery of prices, tariffs and quotes by COMPUTER TELECOM does not constitute as such a commitment, which will only be valid after written acceptance of the said offer by the customer.

4. Terms of delivery
 

To) Any quantity ordered will be invoiced and will be delivered, and if necessary installed, by COMPUTER TELECOM according to the agreement. COMPUTER TELECOM will not make any delivery or service of any kind whatsoever before payment of a deposit by the customer equivalent to 35% of the amount of the order.

b) The customer has a maximum period of three months from the date of invoicing to collect his goods or receive delivery. After this period, the goods may be returned unconditionally to COMPUTER TELECOM even if they have been fully paid, after formal notice for more than fifteen calendar days.

c) The goods ordered and, where applicable, delivered or installed, remain the full and entire property of COMPUTER TELECOM as long as they have not been fully paid for (retention of title clauses). However, the risks are transferred to the customer, the latter bearing all risks of any nature whatsoever, even loss, force majeure or fortuitous event. In the event of bankruptcy or other competitive situation, COMPUTER TELECOM may repossess unpaid goods under the retention of title clause.

d) The delivery and, where applicable, installation deadlines mentioned in the estimate are not strict deadlines and are approximate, so that an extension of the deadlines does not in any way entail the cancellation of the orders and contracts in question. course or the allocation of compensation, except in the specific case contained in point 4 e).

e) If strict deadlines are set, COMPUTER TELECOM cannot be held responsible for delays in delivery and, where applicable, installation, which may be due to a modification of the initial order by the customer, to a delay in the transmission of useful information or documents by the customer, or even a failure to pay overdue invoices. This article also applies in the event of force majeure.

f) If the deadlines are exceeded by more than thirty working days, the professional customer (not an individual) is entitled to set COMPUTER TELECOM, by registered letter, a new reasonable deadline and to warn it that beyond this period, the professional client is entitled to waive, by registered letter, in whole or in part, the deliveries or, where applicable, the placements not yet made. All other claims, in particular claims for damages, are excluded.

5. Methods of execution
 

COMPUTER TELECOM does not contract any obligation of guarantee or result, but rather an obligation of means. This means that COMPUTER TELECOM undertakes to make every effort to satisfy the customer's request within a reasonable time. Deliveries are made according to availability from manufacturers. COMPUTER TELECOM reserves the right to make partial deliveries, giving rise to separate invoicing. All delivery and freight charges
are the sole responsibility of the customer.

6. Payments - Invoices - Disputes
 

a) Unless otherwise stipulated, invoices are payable in cash and without discount. All costs relating to collections and recovery costs are borne by the customer.

b) Any complaint concerning an invoice must be made in writing within a period of eight days from the date of receipt of the invoice, failing which it will be considered as being totally and unconditionally accepted.

 

c) Disputes relating to the quality or quantity of goods supplied must be made, as far as is apparent, immediately at the time of delivery or installation. In the event of discovery of a hidden defect, this will be denounced at the latest within thirty days by registered mail, under penalty of foreclosure.

d) Any delay in payment shall automatically and without formal notice result in the application of default interest of 12% per annum from the due date of the sums due, as well as an increase automatically and without formal notice. remains prior to an amount of 10% of the amount of the invoice, with a minimum of €100 as lump sum compensation. This clause is valid independently of any legal costs and procedural compensation in the event of recourse to legal proceedings by COMPUTER TELECOM.

e) In the event of late payment, if orders are still in progress, the products can only be delivered and installed after full payment of the principal and the accessory and cash payment of the orders in progress.

f) In the event of a contract concluded with an individual acting as a consumer within the meaning of the Code of Economic Law, and only in this case, the customer may invoke with regard to COMPUTER TELECOM the penalty clause provided in article 7 d) of these general conditions in the event of contractual fault committed by COMPUTER TELECOM, without prejudice to the provisions set out in articles 4 c) and 7 b) and c).

g) Any delay in payment equivalent to three months of services may be considered by COMPUTER TELECOM as resulting in unilateral termination of the contract by the customer.

7. Order cancellation – Termination of fixed-term contracts

    (Disclaimer)
 

The cancellation of an order placed by a professional or individual customer, as well as the termination of the contract concluded for a fixed term by the customer before the contractual term agreed between the parties, gives rise to the payment of an indemnity of forfeit in favor of COMPUTER TELECOM. This compensation may not be less than 15% of the value of the order, without prejudice to COMPUTER TELECOM's right to avail itself of the damage actually suffered and to demand the continuation of the agreement and its execution.

8. Termination of contracts of indefinite duration (Notice)
 

In the event of an open-ended contract, the party wishing to terminate the agreement must respect a notice period of six months, which will be notified by registered mail. Said notice will begin on the first day of the month following that during which it was notified.

9. Manufacturers warranty
 

COMPUTER TELECOM does not assume, within the framework of the supply of goods and the installation of products, any guarantee of the products sold as to their possible defect, this one being granted by the manufacturer and well known to the customer.

In any case, in the event of direct or indirect damage caused to the machines due to the defect of a product, COMPUTER TELECOM's liability remains limited to the maximum amount of the value of the contract.

10. Responsibilities – Subcontracting
 

a) COMPUTER TELECOM is responsible for the direct or indirect damage caused to the machines by its technicians within the framework of the provision of services, and this only in the event of a serious fault on its part. Therefore, the customer expressly waives any recourse against COMPUTER TELECOM in any other case of liability, except of course in the event of fraud.

b) Repair of any damage caused to the customer may be made by COMPUTER TELECOM either in kind or by equivalent, at COMPUTER TELECOM's choice.

In any event, the compensation resulting from said damage may not exceed the value of the contract, to the exclusion of any other compensation or damages.

The customer expressly waives any recourse against COMPUTER TELECOM as a result of the execution of this contract for damages other than those mentioned above.

Thus, COMPUTER TELECOM will not be liable for damages related to the non-performance of the contract in the event of force majeure or if the damage were to result from a fault of any nature whatsoever on the part of the customer.

c) COMPUTER TELECOM reserving the right to subcontract the services to be carried out vis-à-vis third parties, COMPUTER TELECOM specifies that it cannot be held liable for any damages, damages, errors or omissions, interruptions, defects, theft and destruction caused by said subcontractor. Similarly, COMPUTER TELECOM is in no way responsible for the loss of computer data stored on the system of its subcontractor. In the event that COMPUTER TELECOM decides to intervene as a commercial gesture, it only undertakes to carry out the necessary correction or repair, without having to award the customer additional damages.

11. Copyright

COMPUTER TELECOM remains the sole owner of the intellectual property rights, including copyright, on all its computer creations and achievements. None assignment or license of these rights to the creations is not granted, unless the parties agree otherwise in writing. In all cases, COMPUTER TELECOM remains the owner of the computer files and, except with the written agreement of the parties, does not transfer its sources.

12. Jurisdiction and applicable law

Belgian law alone applies. In the event of a dispute, the courts of the judicial district of Hainaut, Division Mons, have sole jurisdiction to hear the dispute, it being however specified that with regard to cantonal material jurisdiction, the Justice of the Peace of the canton of La Louvière is territorially competent.