Terms and conditions of sale

1. Applicable conditions

The provision of services (including maintenance activities) and the supply of equipment (hereinafter the “Services”) as described in the quotation (hereinafter the “Offer”) and which are carried out by an entity controlled by the LeaderServices SRL group (hereinafter the “Provider”) are subject to these General Terms and Conditions of Sale (hereinafter the “GTCS”). The GTC form the basis of the commercial negotiations between the Service Provider and the Customer and apply to all documents which explicitly refer to them. Any modification of the GTC shall require the express prior agreement of the Service Provider. The Service Provider and the Customer are also referred to hereinafter as “the Party” or “the Parties”.

2. Quotation/Offer

The quotation issued by the Service Provider is valid for one week. For all orders where quotations are given over the telephone or in the presence of the customer on site, the conditions communicated at the time of the order remain applicable for this order.

3. Terms and conditions

The Customer shall take special care to ensure that the work area is accessible, clean, unobstructed and safe for the Service Provider.

4. Response times

The Service Provider’s intervention, delivery and execution times are given for information only and are not binding. Any modification of these may not be invoked by the Customer to justify a refusal of payment or a claim for damages. The delivery dates indicated on the offer issued by the Service Provider are for information purposes only. In the event of non-receipt of goods, delays are to be expected beyond the control of the Service Provider. The Service Provider cannot be held responsible for any delays and no compensation can be claimed by the Customer.

5. Awards

Prices are established by the Service Provider on the basis of the prices in force on the day of delivery. The use of specific equipment for the work is not included in the hourly rates and will be invoiced additionally.

6. Right of withdrawal

The customer has no right of withdrawal once the order has been placed by telephone. Travel costs will be invoiced.

7. Terms of payment

The Customer shall make all payments, in full, on the day of delivery/after service by the Service Provider.

Invoices are payable by the customer in the invoicing currency, either in cash or by credit card.

8. Late payment and interest

In the event of non-payment of an invoice on the due date, the Customer is liable to pay costs and interest, ipso jure and without the need for formal notice. In the event of a dispute, the courts of Brussels shall have sole jurisdiction. Interest is due without prior notice of default and from the due date of the invoice:

– late payment interest of 10% of the invoice amount with a minimum of €30

– an administrative fee of €30

9. Retention of title and resolutory clause

Materials and parts of any kind supplied to the customer as part of a sale or work contract will only become the property of the customer once all claims against the customer have been paid in full.

10. Warranties

Labour supplied by the Service Provider is guaranteed for six months. This guarantee can only be invoked when the problem for which the Service Provider was called recurs and the origin of the problem does not differ from the first intervention. Parts supplied by the Service Provider are guaranteed for two years in agreement with their supplier.

11. Defective products

The Service Provider shall not be liable for any damage to parts supplied under this contract. Any warranty regarding the quality, functionality, durability and suitability for use of the parts is provided exclusively by the Supplier of the parts, and not by the Service Provider. In the event of damage or failure of a part, the Service Provider will contact the Supplier directly for any claim, replacement or repair.

12. Disclaimer or limitation of liability

The Service Provider cannot be held liable if it is unable to provide the agreed service in the event of force majeure or an absolutely unforeseeable situation. The intervention will be postponed in agreement with the Customer.

13. Personal data processing

The Parties undertake, each insofar as it is concerned, to comply with the obligations and requirements of European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“RGPD”), Law n°78-17 relating to data processing, files and freedoms as amended, and any legislation or regulations relating to the protection of personal data (“Personal Data”) applicable to processing carried out under the Contract. In the context of the Service Provider’s activity, the latter will process Personal Data, in its capacity as data controller, for the purpose of managing and monitoring the execution of the order or Contract (including, in particular, invoicing and collection). The use of Personal Data is strictly necessary for the performance of the Contract or for the Service Provider’s legitimate interest in managing the commercial relationship with the Customer. The persons concerned by this processing (“Data Subjects”) are the representatives and staff of the Service Provider in charge of negotiating, placing and/or executing the order or Contract. The Service Provider may also carry out processing for the purposes of electronic commercial prospecting. In this respect, the Service Provider undertakes to use the business details of the Persons Concerned only for the purpose of offering products or services likely to be of interest to the Customer, provided that such products or services are directly related to the positions held by the Persons Concerned. The retention of Personal Data is limited to five (5) years from the end of the commercial relationship between the Service Provider and the Customer and, where applicable, for a period increased by three (3) years from the last contact between the Service Provider and the Data Subject. The Personal Data processed is intended for use by the Service Provider’s internal departments, its service providers, member companies of the Service Provider group and third parties authorized by law or regulation. The Data Subject has the right to access, query, rectify, delete, limit and port his or her Personal Data, in accordance with current regulations. You also have the right to object to the processing of your Personal Data for legitimate reasons. To exercise these rights, please send your request to the following address: info@leaderservices.be