Lumirec BV – General Terms and Conditions of Sale
Definitions
In these conditions, the following terms shall have the following meaning:
• Lumirec BV: the seller/contractor, with registered office at …
• Customer: any (legal) person who enters into or negotiates an agreement with Lumirec BV.
• Products/Services: all goods delivered and/or works carried out by Lumirec BV.
Applicability
These conditions apply to all quotations, orders, and agreements of Lumirec BV. The customer’s terms and conditions are expressly excluded. Lumirec BV reserves the right to amend these terms and conditions.
Quotations and Orders
Quotations and price lists are non-binding and based on current wages, material prices, taxes, and duties. Lumirec BV may proportionally adjust prices if these change. An order is only binding after written confirmation by Lumirec BV. If the customer does not object within 48 hours of the order confirmation, the order becomes final.
Delivery
Delivery times are indicative and non-binding. Transport costs are borne by the customer unless otherwise agreed. Risk transfers to the customer upon delivery. In case of refusal or postponement of delivery, Lumirec BV may charge storage costs.
Payment
Invoices are payable within 14 days of the invoice date unless otherwise agreed. In the event of late payment, the customer shall owe, by operation of law and without notice of default:
• 2% interest per commenced month, and
• a fixed compensation of 15% of the invoice amount with a minimum of €350, excluding legal costs.
Retention of Title
Ownership of delivered products remains with Lumirec BV until the customer has paid all outstanding claims (invoices, interest, costs). Risk, however, passes to the customer upon delivery.
Warranty
Lumirec BV grants a 24-month warranty on constructions, LEDs, and transformers. Exclusions: normal wear and tear, discoloration, gloss loss, improper use, self-made modifications, damage caused by unsuitable substrate or temperature conditions. Labor, travel, and auxiliary equipment (scaffolding, aerial platforms) are never covered by warranty.
Liability
Lumirec BV is not liable for business or consequential damages. Any liability is limited to the amount of the delivered products or services. For hidden defects, only the supplier’s warranty applies.
Customer Obligations
The customer is responsible for:
• Timely obtaining of permits.
• Providing correct information and plans (e.g., location of cables/pipes).
• Suitable and prepared substrates.
The customer indemnifies Lumirec BV against third-party claims and damages arising from unsuitable conditions.
Intellectual Property
All designs, drawings, color samples, and other creations by Lumirec BV remain the property of Lumirec BV, unless otherwise agreed in writing. The customer guarantees that no third-party rights are infringed and indemnifies Lumirec BV against any related claims.
Force Majeure
In case of force majeure (including fire, strike, war, quarantine, abnormal weather, supply issues), Lumirec BV has the right to suspend or terminate the agreement in whole or in part without compensation.
Cancellation by the Customer
In case of cancellation of an order or assignment by the customer, the customer owes a fixed compensation of 10% of the value of the order/assignment, with a minimum of €250, without prejudice to Lumirec BV’s right to claim higher proven damages.
Suspension and Termination
In case of customer default, Lumirec BV may suspend deliveries or terminate the agreement without notice of default, without the customer being entitled to compensation.
Privacy (GDPR)
Lumirec BV processes personal data of the customer in accordance with applicable privacy legislation and solely in the context of the agreement.
Applicable Law and Jurisdiction
Belgian law exclusively applies to the relationship between Lumirec BV and the customer. Disputes fall under the exclusive jurisdiction of the courts and justices of the peace of the district of Antwerp.