Act With Care Terms and Conditions

Unless otherwise stated, all prices quoted in quotations are:

• net prices per item/service offered, excluding VAT

• based on the quantities and conditions offered

• excluding Recupel/Bebat contribution

30 days. If after Act With Care has signed the order form, new quotations are drawn up, the originally signed order form remains legally valid until a new replacement order form is signed.

If after the execution of an agreement, there is a change in the prices of goods or materials ordered by the customer, raw materials, transport costs, taxes, wages, or other price-determining factors for Act With Care, as a result of which the cost price for Act With Care becomes higher than at the time of the execution of the agreement, Act With Care is entitled to pass on this price increase to the customer, even if this increase was already foreseeable but could not yet be determined exactly at the time of the execution of the agreement.

Specifically for recurring costs: in the event of cost changes during the period covered by the contract and which are based on the consumer price index, Act With Care reserves the right to adjust the contract fee annually.

Deviations in the order placement from the initial quotation may affect the prices and conditions stated.

All goods/services will be delivered as described on the invoice or in the order form.

Any complaints regarding invoicing must be submitted in writing to Act With Care at info@actwithcare.be or by registered letter within eight days to be valid. If no complaints are received within the specified period, the customer is deemed to have irrevocably accepted the invoice (including the work/items to which it relates).

The correct billing details are provided with the order form. If adjustments need to be made after the invoice has been drawn up, an administrative fee of € 25.00 will be charged.

All invoices are payable in cash and without discount.

Unless otherwise specified in a written agreement, the following rules apply: 
30% upon order – 60% upon delivery – 10% upon installation.             

15 days after invoice date

Unless otherwise agreed in writing, all payments shall be made by bank transfer to our account: 
IBAN BE BE72 0015 4716 1316 - BIC CODE: GEBA BE BB

If a delivery or commissioning process is delayed for reasons beyond our control, the customer undertakes to make payments in accordance with the materials already made available to them. 

In the event of late payment by the customer, the customer shall be liable, by operation of law and without notice of default, to pay default interest of 10% per annum from the due date, as well as a fixed compensation of 10% on the principal amount due, with a minimum of € 150.00.

Any payment made by the customer will first be applied to the interest. The allocation will then be made to the oldest debts first.

The customer cannot invoke set-off against Act With Care.

In the event of non-payment or late payment of any amounts owed by the customer, Act With Care has the right to postpone delivery and performance pending the customer's fulfillment of their obligations.

The agreement shall be terminated by operation of law and without notice of default in the event of bankruptcy, request for deferment of payment, application for WCO proceedings, liquidation, appointment of a provisional administrator or sequestrator or, in general, when the customer is subject to similar events.

All orders and/or commitments may be legally canceled by Act With Care if there is a strong suspicion that the customer will not fulfill their obligations. Act With Care may, for example, suspend its own commitments if the customer's solvency is in doubt, until it has obtained sufficient financial guarantees from the customer. 

In general, any change in the financial situation or creditworthiness of the buyer/customer, such as a creditors' agreement, bankruptcy, late payment after the due date, protests, application for WCO proceedings, liquidation, the appointment of a provisional administrator or sequestrator or, in general, when the customer is subject to similar events, gives us the right to immediately cancel orders placed, or the balance of orders, or to demand appropriate guarantees in this regard.

It is understood that any termination must always be preceded by the sending of a written notice of default to the customer, in which the customer is granted a period of 15 calendar days, starting from the date of dispatch, to fulfill their contractual and/or legal obligations.

 In particular, in the event of non-compliance with the terms of payment, Act With Care may, if there are grounds for doing so, claim conditional compensation from the buyer/customer.

The goods remain our property until full payment has been received. Once the goods have left our premises, the risks are borne by the buyer. Any advance payments made may be considered as compensation and interest.

Shipping and handling costs: € 25,00 (excluding VAT)
All transport is at the buyer's risk, even in the case of carriage paid shipment. In the event of damage or loss of goods, the buyer must exercise their rights against the transport company.

Unless otherwise agreed, Act With Care always has the right to entrust the performance of the agreement partially to third parties.

The intellectual rights relating to goods and/or works and/or services remain the full and exclusive property of Act With Care. The customer may only obtain a non-exclusive right of use from Act With Care for technical and commercial documents supplied to them under the agreement.

We guarantee all delivered materials for 12 months against any manufacturing defects. Transport costs for the materials to Act With Care are borne by the customer.

No rights can be derived from the appearance and design of equipment used in schematic overviews and images.

With the exception of any warranty for hidden defects, Act With Care can only be held liable in cases of fraud, wilful misconduct or gross negligence.

In the event of gross negligence on the part of Act With Care, its total liability as a result of this gross negligence shall be limited to a maximum of the price of the goods and/or works and/or services to which the agreement relates.

Under no circumstances can Act With Care be held liable for indirect damage, such as, but not limited to, loss of turnover, interruption of activities, loss of data, loss of profit, commercial losses, loss of customers, damage to equipment, any increase in general costs, consequential damage occurring as a result of, even temporary and/or partial uitvallen van de werking van de door Act With Care geleverde hardware of software, zoals vaste en mobiele toestellen, die communicatie mogelijk maken en/of alarmen generen, of schade veroorzaakt aan derden (personen) of goederen van derden. 

If Act With Care is held liable by third parties, the customer shall fully indemnify Act With Care.

Act With Care shall not be liable for hidden defects in the event of deviating, abnormal, or incorrect use of the installation/equipment/materials, nor if the customer or third parties have made changes to the installation or have intervened or interfered with it after the completion of Act With Care's work.

Furthermore, any legal action for hidden defects is only admissible if it is brought within a period of three months following the discovery of the hidden defect by the customer or following the moment at which the customer should have discovered the hidden defect.

Cabling is never included in quotations (unless otherwise stated and mutually agreed). 

Existing cabling can only be reused if it complies with standards, is in good condition, and is owned by the customer. Any additional cabling or replacement of cabling is never included in quotations.

Act With Care has provided the customer with detailed information about the quality requirements that the internal network, computers, internal cabling, telephony and internet providers, switches, routers, firewalls, etc. must meet.

The customer was also expressly informed that Act With Care cannot guarantee the faultless and uninterrupted operation of the installation/equipment, given that the installation is a chain consisting of various elements (router, telephone line, internet provider, etc.), whereby the chain is only as strong as its weakest link.

Act With Care cannot under any circumstances be held liable for problems/malfunctions that may occur during the use of the equipment and which are the result of failure to comply with the quality requirements set by Act With Care for the internal network, computers, internal cabling, the quality of the telephone and internet providers, switches, routers, firewalls, etc.

In particular, Act With Care cannot under any circumstances be held liable for network/equipment malfunctions attributable to the telephone and/or internet provider (e.g., insufficient bandwidth) chosen by the customer.

• Construction and cabling work (telephony, mains power, etc.);
• Construction work such as carpentry, chopping, breaking, drilling, milling, excavation, paving, and painting work or other additional work of any kind;
• Repair and replacement costs required due to damage caused by third parties after our installation;
• Damage caused to the equipment;
• Additional working hours due to work interrupted by third parties;
• Disposal of old equipment not supplied by Act With Care and other environmentally unfriendly materials;
• Additional costs for working hours outside office hours and due to interrupted work through no fault of our own;
• Costs for infrastructure applications;
• Grounding of equipment;
• (Re)inspections of electricity and/or all necessary documents for this.

In the event that no written delivery takes place, the customer shall be deemed to have accepted the equipment without reservation, definitively and irrevocably, if he has not raised any objections by registered letter within ten working days of receipt. The same period shall be observed by the customer for objections relating to the installation and commissioning of the equipment. Under penalty of forfeiture of recourse, the customer must report any visible defects to Act With Care within eight working days of receipt of the goods in the case of goods, and within eight working days of completion of the installation and commissioning of the equipment in the case of works and/or services. From that moment on, Act With Care can no longer be held liable for visible defects.
If a visible defect attributable to Act With Care is identified, Act With Care will repair or replace the goods and/or works and/or services, or credit the invoiced price depending on the situation, to the exclusion of any claim for compensation.

Specific conditions for leasing listed in Appendix A also form part of Act With Care's general terms and conditions.

In the event of accidents that may occur at any time and under any circumstances, the supplier's liability shall be limited to its own personnel and equipment made available. The supplier shall not be held liable for any accidents that may occur during assembly at the installation site by third parties or by the buyer itself. The latter shall insure its equipment against fire and theft from the moment of shipment.

Force majeure events automatically release Act With Care, without any compensation being due, from the obligation to fulfill current orders or agreed delivery times from the day on which the event in question occurs, unless there is mutual agreement to change the current orders or the agreed delivery time. 

Force majeure incidents include events that prevent us from fulfilling our obligations or make them so much more expensive that the balance of the agreement is unreasonably affected. Specifically, this includes circumstances such as fire, flooding, machine breakdown, theft, lack of fuel or electricity, cyber attacks, wars at home or abroad that hinder the supply of raw materials, riots, strikes, lockouts, disruption of rail transport systems, water or roads. In short, anything that could impede or hinder delivery, installation, and/or commissioning.

To be eligible, any disputes must be submitted to us in writing within ten days of delivery. Our responsibilities in this regard are limited to the replacement of defective parts and/or services. Materials may not be returned to us unless prior written permission has been given.

Unless otherwise agreed, the Vienna Sales Convention does not apply to the agreement concluded between the customer and Act With Care.

All disputes, of whatever nature, will be settled exclusively by the court in Kortrijk, unless otherwise agreed. Belgian law applies.

These general terms and conditions form an essential part of all sales agreements. It is assumed that the buyer has taken note of these terms and conditions and thus accepts them. Any conflicting provisions that are unilaterally stated by the buyer (for example, on his/her order form) and that have not been specifically accepted by us will be disregarded and will not apply to the agreement in question.

Changes to any of the above articles and appendices below shall have no further impact on other terms and conditions. Any change must be included in a written clause