General Terms and Conditions

1. Application:

These General Terms and Conditions alone govern the contractual relationship between the parties, to the exclusion of all others, particularly those of the customer. Any deviations from these terms and conditions must be agreed in writing in advance.

2. Offer:

The offers are non-binding on the Company. The applicable offers are those valid at the time the order is placed and/or delivered, unless expressly agreed otherwise in writing. Offers are subject to omissions, errors, market availability and/or circumstances that prove (subsequently) to make the supply of the goods materially more difficult.

Unless otherwise stated, each offer is valid for 30 calendar days. Unless otherwise specified in the quotation, the prices stated in quotations always exclude VAT, import and export duties, and all other taxes or levies. If a price is nevertheless stated as including VAT, import and export duties and/or excluding other levies or taxes, the Company reserves the right to charge the customer for any increase in these items or the introduction of any new tax and/or charge.

3. Order:

An order is binding on the customer, but is only binding on the Company once confirmed in writing.

If the customer cancels an order or fails to honour a commitment, the customer shall be liable for fixed and non-reducible damages equal to 30% of the sale price, subject to a minimum of EUR 125, without prejudice to the Company's right to claim higher damages if greater loss can be demonstrated.

Orders submitted through intermediaries are valid and binding only after written confirmation of the order by the Company.

4. Delivery:

Unless otherwise stated, the goods are delivered to and accepted at the local warehouse of the Company where the work was carried out or the goods were collected. Delivery takes place when the goods leave the Company’s local warehouse where the work was carried out or the goods were collected. The goods are transported at the customer’s risk and expense, even when delivered carriage paid.

If delivery/the work is carried out at the customer’s premises, the customer shall make the necessary arrangements to ensure that the installer/supplier can drive a truck or van as close as possible to the delivery/installation site.

The Company reserves the right to make partial deliveries, each of which shall constitute a separate sale. Under no circumstances may the partial delivery of an order justify refusal to pay for the goods delivered.

The customer is required to take delivery of the goods and services provided by the Company. If repairs are carried out on the customer’s vehicle, the customer must collect the vehicle within 24 hours of completion of the work. If the vehicle is not collected within 24 hours, a fee of EUR 20.00 per day may be charged, without the Company assuming any responsibility for its safekeeping and without prejudice to the Company’s right to prove that it has incurred greater losses.

The stated delivery times are for guidance only and are not binding. The Company will endeavour to meet them but shall not be held liable for any damage or loss caused by a delay beyond the specified time or by late delivery. A delay beyond the agreed time shall not give rise to compensation or entitle the customer to refuse acceptance of the goods.

The risk passes to the customer upon conclusion of the agreement or when the customer hands over their vehicle to the Company.

Vehicles parked in the Company's workshop are not insured against theft, fire or damage. Vehicles entrusted to the Company are covered by the insurance policies taken out by the customer. Furthermore, these vehicles are driven at the customer's risk.

5. Disputes and Liability:

The customer agrees to accept the goods immediately upon delivery and to verify that their quality and/or quantity corresponds to what was agreed.

The customer must carefully inspect the goods used and the work performed, either personally or through their manager or authorised representative, before the vehicle leaves the Company's workshop or before the technician leaves the location where the work was carried out. Any non-conformity in the delivery and any apparent defects must either be expressly noted on the work order or reported to the Company by registered letter no later than 48 hours after delivery, failing which the Company may deem any claim inadmissible.

In the event of either apparent or hidden defects, the liability of the Company shall in all cases be limited to the cost price of the goods supplied, where applicable increased by the labour costs required for installation, to the exclusion of any other compensation, such as loss of use, loss of profit or indirect damages (including, without limitation: personal injury, property damage, financial loss or damage caused to third parties).

Such claims do not suspend the client’s payment obligation.

5.1. APPARENT DEFECTS

All goods and completed work must be inspected by the customer immediately upon delivery. The customer undertakes to inspect their vehicle upon collection for any damage that may have occurred while it was at the Company's workshop and/or as a result of the work performed. Any comments, damage or apparent defects must be noted on the delivery note; otherwise, the Company may deem any claim inadmissible, and the parties agree that the equipment delivered and its installation are free from apparent defects. The customer's use of the goods or services supplied constitutes irrevocable acceptance thereof.

5.2. LATENT DEFECTS

Hidden defects must be reported by the customer to the Company by registered letter within 2 months of discovering the defect, failing which the right to bring a claim shall lapse and the claim shall be inadmissible pursuant to Article 1648 of the Belgian Civil Code. This notification must contain a detailed description of the defect. Furthermore, the claim must be submitted within one year of the delivery date, failing which the right to bring it shall lapse. If the Company bears any liability, the customer must provide concrete proof of the damage. If the claims are deemed admissible and well-founded, the Company’s obligation shall be limited to replacing or repairing the defective or damaged goods, and damages may not exceed the cost of the goods sold. No other damage suffered by the customer or a third party shall give rise to compensation. The Company shall in all cases be exempt from liability if the damage is caused by a combination of a product defect and the fault of the buyer or of a person for whom the buyer is responsible.

6. Price:

The Company reserves the right to adjust prices (including those for deliveries, work and transport) proportionally if the cost of raw materials, materials, wages or other factors that may affect prices changes.

7. Payment:

Invoices are payable to the Company immediately and without discount, unless otherwise agreed. The customer acknowledges the Company’s right to release the vehicle only after payment has been made for the delivery and the work performed.

a) In the case of consumers:

In the event of partial or full non-payment by the due date, the Company will send an initial reminder free of charge. If payment has not been made by the end of a period of at least fourteen calendar days starting on the third working day following the dispatch of this reminder, statutory interest will automatically be added to the invoice amount at the reference interest rate plus eight percentage points, as referred to in Article 5, second paragraph, of the Law of 2 August 2002 on combating late payment in commercial transactions, calculated until the invoice amount has been paid in full. In addition, a fixed charge will be added to the outstanding balance, even where an extended payment period has been granted and without prejudice to the remedies provided for in Article 5.201 of the Civil Code, as follows:

EUR 20.00 if the outstanding balance is less than or equal to EUR 150.00;
EUR 30.00 plus 10% of the amount due on the portion between EUR 150.01 and EUR 500.00, if the outstanding balance is between EUR 150.01 and EUR 500.00;
EUR 65.00 plus 5% of the amount due on the portion exceeding EUR 500.00, up to a maximum of EUR 2,000.00, if the outstanding balance exceeds EUR 500.00.

Amounts to be indexed, where applicable, in accordance with Article 15, §4 of the Law of 4 May 2023 inserting Book XIX “Consumer Debts” into the Code of Economic Law. This fixed amount does not include any collection, legal and/or enforcement costs incurred in connection with judicial recovery proceedings.

If the Company fails to comply with a contractual obligation, the consumer who wishes to have the obligation fulfilled must serve the Company with formal notice. This formal notice must be sent on a durable medium within 30 calendar days of becoming aware of the breach. If the Company has not remedied the breach within 30 calendar days, the consumer is entitled to a fixed amount. If the damage can be assessed in monetary terms, this amount shall be 10% of the monetary value of the damage, subject to a minimum of EUR 10.00 and a maximum of EUR 50.00. If the damage cannot be assessed in monetary terms, the fixed amount shall be EUR 20.00. In all cases and subject to the provisions set out above, failure to fulfil the payment obligation entitles the Company to suspend the provision of services.

b) In the case of businesses:

In the event of partial or total non-payment by the due date, the invoice amount shall automatically, and without prior notice, be subject to late-payment interest of 1% for each month or part thereof, from the day following the due date until the invoice amount has been paid in full.

Furthermore, the outstanding balance shall be increased by a fixed amount equal to 15% of the unpaid balance, subject to a minimum of EUR 65.00, even where an extension for repayment has been granted and without prejudice to the remedies provided for in Article 5.201 of the Belgian Civil Code. This is without prejudice to the Company’s right to obtain compensation for the actual loss suffered if it proves to be greater.

This amount does not include any collection, legal and/or enforcement costs incurred in connection with judicial debt recovery. In all cases, and subject to the foregoing, failure to fulfil the payment obligation entitles the Company to suspend the provision of services

Any dispute concerning an invoice must be clearly substantiated and submitted by registered letter within 10 working days of the invoice date. Once this period has expired, no further claims will be accepted, and any invoice not disputed within the prescribed period will be deemed accepted and binding on the parties.

In the event of non-payment, or if the Company’s confidence in the customer’s solvency is undermined by demonstrable adverse events (e.g. payment default, etc.), or in the event of bankruptcy, manifest insolvency or any change in the customer’s legal status, the Company may suspend the performance of any contract by operation of law and without prior notice, and demand payment of all amounts due, even if they have not yet fallen due.

In the case of commercial transactions between businesses, a payment term of up to 60 calendar days may be agreed. Longer payment terms are null and void and are automatically reduced to 30 calendar days.

If no payment term is agreed, payment is due within 30 calendar days of receipt of the invoice.

A period for verifying the delivery is always included in the payment term.

If the customer’s insurance company covers the Company’s invoice, the customer expressly agrees that the insurance company may pay the invoice directly to the Company. The customer confirms that if their insurance company fails to pay the Company’s invoice in full, they will pay the invoice in full themselves upon the Company’s first request.

8. Warranties:

The Company provides a lifetime warranty (= the average lifespan of the glass in the vehicle concerned) on glass replacements carried out by it or its authorised representative, including the supply and replacement of the glass, subject to the applicable provisions of consumer sales law. This warranty is only granted upon presentation of the original invoice and/or signed work order relating to the work initially carried out, provided that the defect is confirmed and repaired by the Company.

If the windscreen damage meets the GEPVP repair criteria recognised within the laminated windscreen repair industry (see www.autoglassclinic.be), the Company will repair the impact using the applicable repair system. If the chip does not meet the repair criteria recommended by the GEPVP, the Company must expressly inform the customer that the repair is not guaranteed to provide a lasting result and that the customer is choosing to have the impact repaired at their own risk.

The Company undertakes to provide a lifetime warranty (= the average service life of the glass in the vehicle concerned) on a repair, subject to the applicable provisions of consumer sales law. If, within one year of the repair, the damage reappears or develops into a crack from the repaired impact point without any external cause, the Company undertakes either to carry out a new repair under warranty or, if necessary, to replace the windscreen. If the replacement is carried out by the Company, 100% of the cost of the initial repair will be deducted from the replacement invoice upon presentation of the repair invoice.

Except in cases of wilful misconduct or gross negligence, the Company’s liability for hidden defects is limited to a period of two years following the delivery/installation of the goods. This applies in particular to the supply of glass, glass installation only, the removal and refitting of glass, custom-made glass and glass tinting. This warranty is granted only if the defect is assessed and repaired by the Company itself and upon presentation of the invoice for the original delivery/work performed.

La Société shall not be liable where the damage is caused by the fault or intervention of the customer or any third party. La Société shall also not be liable for damage resulting from wear and tear or from any application and/or use of delivered/repaired goods that does not comply with accepted professional standards or the instructions for use, installation, cleaning or maintenance.

Under no circumstances may the Company be held liable for any problem or damage whatsoever arising during delivery or installation if it appears that the Company was inadequately or incorrectly informed by the customer.

9. Transfer of ownership:

Title to the goods shall pass only upon full payment of the agreed price, irrespective of the date on which the goods are delivered. Until payment has been made, the customer may not pledge the goods in question or use them as security in any form whatsoever. The Company reserves the right to invoke its statutory retention of title.

10. Severability – No Implied Waiver:

The invalidity of one or more provisions of these general terms and conditions shall not affect the enforceability of the remaining provisions.

Any failure by the Company to act in the event of the customer breaching one or more of their obligations shall never be construed as a waiver of such obligation or of the Company's right to require compliance with it.

11. Force majeure:

If, as a result of an event of force majeure (accidents, war, strikes, lockouts, riots, lack of transport equipment, etc.), the Company is unable to perform the contract on time or in full, the Company reserves the right to temporarily suspend performance of the contract for the duration of the force majeure event, or even to terminate it if performance of the contract has become impossible (under normal circumstances, in human terms or on reasonable grounds). No compensation may be claimed on this basis.

12. Personal data:

As part of the collaboration, the Company may obtain the client’s personal data. The Company is responsible for processing this personal data and is subject to Belgian law and European Regulation No. 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data, known as the “GDPR”, as amended from time to time. This personal data is processed for the purpose of contacting the client, monitoring the client’s contractual obligations and considering further collaboration with the Company. For the same purposes, this personal data may be shared with companies affiliated with the Company. These affiliated companies may be located outside the European Economic Area, in countries that do not provide a level of personal data protection comparable to that afforded under Belgian law. In such cases, the Company will ensure that appropriate safeguards are put in place to protect the client’s personal data by all appropriate means. The client acknowledges that transmitting personal data via the Internet is never entirely risk-free. The client therefore acknowledges and agrees that the Company cannot be held liable for any damage the client may suffer as a result of the unlawful use of personal data by unauthorised third parties. The client has the right to access their personal data and have it corrected if it is inaccurate. This right may be exercised by sending a dated and signed letter to the Company by post at: 3500 Hasselt, Gouverneur Roppesingel 12, or by email at: info@autoglassclinic.be.

13. Competent Court – Governing Law:

In the event of a dispute, only the courts of the judicial district in which the Company’s registered office is located shall have jurisdiction. Belgian law shall apply to all contracts.

The general terms and conditions of sale in other languages are provided for information purposes only. In legal proceedings, only the language of the linguistic region in which the Company is established shall apply.

Autoglass Clinic NV

Gouverneur Roppesingel 12

3500 Hasselt

VAT 0442 459 263

Cary Autoglass NV