Terms and conditions
Contact details:
FDM PRINT GROUP
Molenkouter 116E
9520 Sint-Lievens-Houtem
Belgium
T: +32 9 278 01 23
From Monday to Friday from 8:30 am to 5:00 pm
E-mail address: info@Reclameonline.be
SI'BON TERMS AND CONDITIONS OF SALE 2021, BE
Article 1: GENERAL PROVISIONS AND APPLICABILITY
1 The following general terms and conditions (the SI'BON Sales Conditions 2021) apply to all offers by, all orders to and all agreements with the contractor. They can also be consulted and downloaded from www.sibon.be.
2 In these general terms and conditions, the contractor is understood to mean: the service provided by SI'BON Netwerk B.V. Recognized Sign Company.
3 In these general terms and conditions, client is understood to mean: the natural or legal person who has instructed the contractor to perform work or to supply goods or data.
4 The client will never be able to invoke the circumstance that he acted on behalf of a third party with regard to the assignment, unless he has explicitly notified the contractor of this and the contractor has accepted the assignment in writing under this condition. If the assignment has been given by or for the benefit of more than one client, all clients are jointly and severally liable for all obligations towards the contractor.
5 In these general terms and conditions, an assignment is understood to mean: any request to perform work or to supply goods or data, in whatever form. An order will be presumed to have been given by sending or issuing data or items on the basis of which the work as referred to in paragraph 6 of this article can be performed.
6 In these general terms and conditions, work is understood to mean: the manufacture, delivery, installation, placement and (or) construction of signs, which also includes advertising products, decorations, signage, constructions and (or) parts thereof, but in any In the event of the work arising from an assignment given to a Recognized Sign Company, in the broadest sense of the word.
7 The client can only invoke stipulations that deviate from these terms and conditions and/or its own terms and conditions or stipulations if those stipulations or conditions have been expressly accepted in writing by the contractor.
8 The client with whom an agreement was previously concluded under the present terms and conditions, is deemed to have agreed to the applicability of these terms and conditions to agreements concluded with the contractor at a later date.
9 In these general terms and conditions, e-mails are also understood to mean written notices, communications and communication between the parties.
Article 2: OFFERS
1 All quotations, preliminary calculations, offers and similar communications by the contractor are entirely without obligation and can only be accepted without derogation, unless expressly agreed otherwise in writing in advance. An offer is in any case deemed to have been rejected if it is not accepted within one month.
2 Quotations by the contractor are based on information provided by the client. The client guarantees that he has provided all relevant information to the best of his knowledge and ability.
3 The documents forming part of the offer (such as designs, drawings, technical descriptions and the like) are as accurate as possible, but without obligation. They are and remain (intellectual) property of the contractor.
Article 3: CONCLUSION OF AGREEMENTS AND CHANGES IN ORDERS
1 The agreement is not concluded and the obligations of the parties arising from the agreement arise only at the moment that the contractor has confirmed orally or in writing to accept the assignment. The sending of quotations, preliminary calculations, offers and similar communications by the contractor does not imply automatic acceptance of the assignment by the contractor.
2 The client bears the risk of the contractor not receiving his communications, not correctly, not on time or not fully.
3 Insofar as uncertainty arises about the content of the assignment given and its acceptance, the work performed by the contractor will be deemed to have been performed in accordance with the content of the assignment and will be interpreted in favor of the contractor.
4 The Client will provide the connection options in good time for the energy required for the work and the testing thereof. The costs of the required energy are for the account of the client.
5 The contractor reserves the right to perform more work than stated in the order or in the acceptance thereof and to charge the client if this work is in the interest of the client and/or the proper execution. of the assignment. The client will be informed of this prior to the execution of this work and if the client does not agree to this, the client will notify the contractor of the refusal in writing within 2 working days, failing which the client is deemed to have agreed and to have accepted the changes.
6 The contractor will accept and cooperate with changes to the order within reasonable limits, if and insofar as the content of the performance to be delivered by him does not differ materially from the performance originally agreed. The (cost of the) additional work is presumed to have been accepted as soon as it is carried out and the client has not protested it in accordance with paragraph 5.
Article 4: CANCELLATION AND CANCELLATION
1 The parties acknowledge that the agreement will be dissolved in full or in part by operation of law and without prior notice of default and/or judicial intervention in the event that the client is in a state of bankruptcy, leaves unpaid debts due, goes into liquidation or moves his permanent residence or seat to a place outside Belgium before having provided security to the satisfaction of the contractor for the payment of that which is already owed and will become due in connection with the execution of the assignment, or if he, by means of attachment, placing under guardianship or otherwise, has the power to dispose of his assets or loses parts thereof, unless a security that is, in the opinion of the contractor, sufficient for the payment of what is owed and will still be owed with regard to the execution of the order.
2 Payment obligations, which arose before the time of dissolution, including payment obligations for work already performed by the contractor but not yet invoiced, remain unaffected and become immediately due and payable without prior notice of default or judicial intervention.
3 The client has the right to cancel an agreement before the contractor has started with the execution of the agreement, provided that he compensates the direct and indirect damage caused to the contractor as a result. This damage includes, but is not limited to, the profit lost by the contractor, whereby the costs already incurred by the contractor in preparation are also charged, including but not limited to those of reserved production capacity, purchased materials, services and storage costs.
Article 5: DATA AND BUSINESS CLIENT; RISK
1 The client shall ensure that data and matters that the contractor needs for the adequate execution of the assignment in the desired form, in the desired form, are made available to the contractor. The contractor reserves the right to request additional information.
2 The client must retain a copy and, if possible, an original of copy, drawings, designs, photographic recording or other information carriers to be made available to the contractor.
3 The contractor has the right to suspend the execution of the assignment until the client has fulfilled the obligation referred to in paragraph 1.
4 If the client does not comply with the obligation referred to in paragraph 1 or 2, the contractor has the right to return the order without any notice of default or judicial intervention being required. The client bears the burden of proof that he has complied with the obligation referred to in paragraph 1 or 2.
5 If and insofar as the client requests this, data and items made available will be returned to the client after completion of the assignment, subject to the provisions of Article 17.
6 The contractor is obliged to ensure careful storage of the goods and/or data originating from the client. Barring proof to the contrary, the contractor is deemed to have complied with this obligation.
7 The risk with regard to damage or loss of the goods and/or data stored with the contractor or third parties is expressly for the client, except in the event of intent or gross negligence on the part of the contractor.
8 The client indemnifies the contractor against all third-party claims related to the damage or loss of the items and/or data referred to in the previous paragraphs.
Article 6: LIABILITY
1 To the extent permitted by law, for all direct and indirect damage of the client, in any way related to or caused by failure to perform the assignment, late or not fully in accordance with the agreement, the liability of the The contractor is excluded, unless it can be demonstrated that this would not have occurred, not on time or not fully in accordance with the agreement under the relevant circumstances with normal professional knowledge and with due observance of normal attention and normal business operations. In that case, the liability is limited to the amount paid out by the contractor's (liability) insurance for the damage.
2 The contractor has the right at all times, if and insofar as possible, to undo or limit the damage of the client, without the prior consent of the client.
3 The client's claim against the contractor to hold the latter liable for the damage referred to in paragraph 1 shall lapse one year after the damage occurred.
4 Liability of the contractor for damage to and by motor vehicles and other property of the client is excluded, except if and insofar as the contractor is insured for this, in which case the liability is limited to the amount covered by the (liability) insurance of the contractor. contractor is paid for the damage.
The client indemnifies the contractor against all claims that do not qualify for compensation on the basis of the above scheme.
5 Contrary to paragraph 1, the risk of damage or loss of goods and/or data during transport or dispatch is always for the client, regardless of whether the transport or dispatch is carried out by or on behalf of the client, the contractor or third parties, except if there is intent or gross negligence on the part of the contractor. Transport and transmission also includes transmission of data by means of the (mobile) telephone network and any comparable transmission using any technical means.
6 If the client makes changes in, to or on goods manufactured by the contractor or makes those items on or to other items without consultation with the contractor, then the subsequent damage (subject to proof to the contrary to be provided by the client) is deemed to be due to this change. caused, and is therefore also at the expense and risk of the client.
7 If the client does not receive the goods and (or) data to be delivered by the contractor within thirty days after termination of the assignment and payment of the amount owed in respect of that assignment, these will be at the expense and risk of the contractor from that moment on. client saved.
8 The client indemnifies the contractor against all claims from third parties that are directly or indirectly, indirectly or directly related to the work or deliveries arising from the order and for which the contractor cannot be held liable in accordance with this article 6.
9 The client never has the right to return the goods and (or) data to the contractor, unless the contractor has agreed to this in advance in writing (including by e-mail).
10 No immaterial consequential damage can be claimed by means of our products, lettering or installations
Article 7: METHOD OF EXECUTION OF THE ORDER
1 The contractor will carry out the work in a careful manner, in accordance with the requirements of good workmanship. The contractor determines the manner in which the given assignment is carried out. If the client requests this, the contractor must inform him about the way in which the execution will be designed, unless this cannot reasonably be expected of the contractor.
2 If the order includes the placing or fixing of structures, advertising signs, light boxes and the like, the client must ensure that any necessary permits have been granted and that all other legal or other requirements have been met in good time and in advance. The client indemnifies the contractor against all liability for damage and claims in this regard from the relevant authorities or other third parties that might arise if such permits, legal or other requirements were lacking. Furthermore, it cannot be inferred from this circumstance that the contractor has not fulfilled any obligation arising from the agreement and in such a circumstance the contractor will be entitled to terminate the agreement with immediate effect, without any right to compensation on the part of the client. , terminate or suspend at the expense of the client.
3 The client guarantees that items to which or to which items included in the order are to be attached are suitable and (or) prepared for this. The client has its own duty of investigation and care in this respect, and the contractor has no task or responsibility in this regard, nor does it have its own duty to investigate. If the client deems this necessary, he can make use of the information provided in accordance with paragraph 1 of this article 7. With regard to inherently vulnerable items such as windows, for example, damage occurring during or shortly after the work related to the assignment is deemed to have been caused by the unsuitability of those items for the assignment and not because of the way in which the assignment was performed. The client accepts that the result of the work and (or) deliveries may depend on the (ambient) temperature and (the surface) of the items on which the sign is to be applied.
4 If and insofar as the assignment includes work with regard to scaffolding that is or will be anchored in the ground, the client guarantees that there are no cables, pipes, tubes, solids or other obstacles in the ground. The client has an investigation and notification obligation on this point and the contractor does not. Unless expressly agreed otherwise between the contractor and the client, the scaffolding will always be placed at least 'one and a half times the height of the scaffolding' from the public road. The client guarantees that the site is (almost) flat, paved and that there are no obstacles, vegetation or other objects that could hinder the execution of the work. If the contractor deems this necessary, he is free to remove such items (or have them removed) without the client's permission, which activities will be charged to the client as an additional cost.
5 The client is obliged to ensure that the applicable legislation or other relevant regulations are complied with in advance, such as, for example, but not limited to, compliance with VLAREM and traffic legislation. The client will inform the contractor immediately and in advance of the application of such legislation and is solely liable for compliance with it.
6 If, at the request of the client, the contractor carries out the assignment with the aid of or with the processing of materials or semi-finished products supplied by the client, this is done entirely at the client's risk. In particular, but expressly not limited thereto, this concerns durability, adhesion, wear resistance, light and color fastness of the goods manufactured or processed by the contractor in such a way.
7 The client is obliged to point out to the contractor in good time and in advance any special difficulties or health risks during the printing or processing of the materials and products supplied by him.
8 If the contractor is of the opinion that the requirements of paragraphs 1-7 have not been met, he may suspend the execution of the assignment. This is at the risk of the client. No obligation to investigate on the part of the contractor can be derived from this article.
9 The contractor has the right, without notifying the client, to outsource the assignment or parts thereof to or have them performed by third parties not employed by him, if in his opinion this is an effective
Article 8: FORCE MAJEURE
1 If the contractor cannot, not on time or not fully fulfill its obligations under the agreement as a result of a cause not attributable to it, including but not limited to war and danger of war, mobilization, civil war, terrorism, riot, molestation, theft, fire, drastic changes in temperature, water damage, flood, earthquake, epidemic, pandemic and other natural disasters, industry closure, forfeiture and other (whether or not taken in connection with any of the events mentioned here) government measures, strike, transport disruption, machinery breakdown, non-delivery of necessary materials, semi-finished products or data by third parties, disruptions in the supply of energy, reduced accessibility of data, all this in the company of the contractor and with third parties engaged, those obligations are suspended until the contractor can reasonably be considered these on the oven agreed manner.
2 If, on the basis of government regulations or for safety reasons, the contractor cannot be required by any circumstance to (further) carry out the assignment, the contractor has the right to suspend the fulfillment of its obligations until the contractor is reasonably able to can be deemed to comply with these in the agreed manner.
3 In the event that a situation as referred to in paragraph 1 or paragraph 2 of this article occurs, the client will not have the right to dissolve the agreement in whole or in part, nor will the contractor be obliged to pay compensation for any damage in those cases. The contractor's delivery period is extended free of charge in accordance with the suspension.
4 If a situation of force majeure continues uninterrupted for more than 5 calendar days, the contractor has the right to consider the agreement wholly or partially dissolved, without the client being able to claim compensation, even if the contractor as a result of the force majeure should have any advantage.
Article 9: DESIGNS, TESTS AND TRIALS
1 The client is obliged to check the designs, tests, (trial) prints and (or) (trial) models made available to him by the contractor for inspection carefully and immediately for errors and defects and to forward his opinion to the contractor .
2 Approval on the part of the client or lack of protest within a short and reasonable period of receipt is considered to be an acknowledgment that the contractor has performed the work associated with the designs, tests, (trial) prints and (or) (trial) models in accordance with the assignment. executed.
3 Each design, test, (trial) print and (or) (trial) model produced at the request of the client will be charged in addition to the agreed price, unless it has been expressly agreed that the costs thereof are included in the price.
Article 10: COPYRIGHTS ETC.
1 The client guarantees the contractor that the execution of the assignment does not infringe copyrights, design rights, trademark rights or other intellectual property rights of third parties, or rights derived therefrom, nor any other right under the Belgian Code of Economic Law, Book XI, or the Benelux Treaty on Intellectual Property or other national, supranational or international regulations in the field of copyright or intellectual property law, or the law with regard to any other right of third parties. The client indemnifies the contractor, both in and out of court, against all claims that third parties can make pursuant to these laws or regulations, as well as against all costs associated with the defense against them.
2 All items and works created during the execution of the assignment are presumed to have been created in their entirety and exclusively according to the contractor's insights. The contractor is therefore exclusively entitled to any copyright or other intellectual property right that arises on all goods and works manufactured during the execution of the order, as well as on the end products referred to in the order.
3 All intellectual property rights to methods, advice, etc. originating from or used by the contractor will (continue to) explicitly belong to the contractor, both during and after the execution of the assignment, irrespective of the client's share in the creation thereof. itself or from third parties engaged in the execution of the assignment. Insofar as necessary, the client hereby automatically and without any formality transfers all intellectual property rights to the contractor that he would acquire through the execution of the agreement. The provisions of this paragraph also apply if the relevant activities or items are stated as a separate item on the quotation, offer or invoice.
4 The client only acquires a right of use, which is moreover limited to the delivered goods and (or) data included in the order. More in particular, the result of any activity resulting in the creation of intellectual property rights may not be made available to third parties for processing or reproduction, nor may it be edited or reproduced by the client itself. The exercise of these rights - including disclosure or transfer of data - is expressly reserved exclusively for the contractor as the exclusive owner of the intellectual property rights, both during and after the execution of the assignment.
5 In the event of violation of the provisions of paragraph 3, the client will forfeit to the contractor an immediately due and payable fine of
€2,000 per violation and €250 per day (part) that the violation lasts, without a notice of default being required, and without prejudice to the contractor's right to compensation from the client for all damage resulting for the contractor.
Article 11: PRICES; DECLARATION AND COSTS
1 The contractor does not charge any costs for formulating proposals and producing quotations, unless specific research is necessary for this. In that case, a statement will be given in advance of the scope of the contractor's work and of the associated costs that will be charged.
2 Unless otherwise agreed in writing (including by e-mail), the amount charged for compensation for the work performed by the contractor is calculated in accordance with the contractor's usual rates. If the assignment includes design work, all work related to the preparation thereof will always be charged as well.
3 Costs arising from or related to additions and changes to the assignment are for the account of the client. Such a price increase will be presumed to have been accepted in advance by the client, at least as soon as the additions and amendments to the order have been implemented.
4 The costs incurred by the contractor will be charged to the client. These costs may include, but are not limited to, the prices of the materials to be processed, invoices from third parties engaged and transport, shipping and insurance costs.
5 Extra or less deliveries compared to the agreed number are permitted if they do not amount to more or less than ten percent. The more or less delivered will be charged.
6 All rates are exclusive of any tax due and other levies imposed by the government, such as VAT. These are stated separately in the invoice and are for the account of the client.
7 If after the conclusion of the agreement and before the agreed time of delivery, due to factors still unknown at the time of the conclusion of the agreement, the prices of auxiliary materials, wages or any price-determining factors have changed beyond the control of the contractor for which the contractor can substantiate in writing, the contractor is entitled to adjust the agreed rates with regard to the assignment accordingly and without consultation with the client, however with a maximum exceeding of ten percent of the agreed principal sum. This percentage will not be exceeded without further consultation with the client, whereby a possible review of the assignment can be decided.
8 If the contractor suspends or terminates the execution of the assignment on the basis of these general terms and conditions or common law, the contractor is entitled to full payment for work performed and costs incurred up to the time of suspension or termination.
9 Products are standard in white.
Article 12: PROPERTY SEMI-MANUFACTURERS, PRODUCTS ETC.
1 All goods manufactured by the contractor in the context of the execution of the order, such as means of production, semi-finished products and auxiliary materials remain the property of the contractor, even if these are stated as a separate item on the quotation, in the offer or on the invoice. .
2 The contractor is not obliged to hand over the goods referred to in the first paragraph to the client.
3 The contractor is not obliged to keep the goods referred to in the first paragraph, as well as residues, such as cutting waste, etc. of the material and products supplied by the client for the client. If the contractor and the client agree in advance in writing that these items will be kept by the contractor, this will take place for a maximum period of one year and without the contractor guaranteeing their suitability for repeated use. The costs of this are for the account of the client.
Article 13: DELIVERY AND DELIVERY TIME
1 Unless otherwise agreed in writing, the delivery of goods takes place at the location where the contractor carries out his business. Digital deliveries take place to the e-mail address specified by the client for this purpose, or (at the risk of the client) by uploading to an external server, or by making it available on the server of (an auxiliary person of) the contractor.
2 A delivery term stated by the contractor is only indicative, unless it is expressly stated in writing that it concerns a binding term. Even with a binding term, the contractor is only in default after the client has given him written notice of default.
3 The contractor's obligation to a binding term lapses if and as soon as the client changes the order, unless the minor significance of the change or the short duration of the delay does not reasonably require the contractor to change the plans initially planned by him in the time-determined deployment of production capacity. The burden of proof of this lies with the client.
4 In the execution of the agreement by the contractor, the client is obliged to do everything that is reasonably necessary or desirable to enable timely delivery by the contractor.
5 In the event of non-compliance by the client with the provisions of the previous paragraph, the contractor's obligation to perform the agreed performance within the initially binding delivery period will lapse. This obligation also lapses if the client does not comply with its obligations as described in Articles 9 and 17. It also lapses in the situations described in Articles 4, 8 and 18.
Article 14: EXAMINATION UPON DELIVERY; DIFFERENCES
1 The client is obliged immediately upon delivery of the services and (or) goods and (or) data to thoroughly check whether the performance of the contractor is sound and in accordance with the order. The performance of the contractor is presumed to have been performed properly and in accordance with the order if the goods are received without protest within three working days after delivery.
2 The performance of the contractor always applies between the parties as sound and in accordance with the order, even before the expiry of the three working days as stated in paragraph 1, if the client has put the delivered or part of the delivered into use after delivery, processed or processed, delivered to third parties or had them put into use or processed.
3 This article also relates to assignments that also include the (dis)assembly or transport of goods.
4 Deviations of minor significance, including deviations with regard to color or screen display, from the performance intended in the assignment or from a design, test, (trial) print and (or) (trial) model are acceptable, do not affect the conformity character of the performance and thus do not constitute a reason for rejection, discount, dissolution of the agreement or compensation.
5 Deviations which, taking all circumstances into account, reasonably have no or only a minor influence on the (usage) value of the delivered goods are always deemed to be deviations of minor significance within the meaning of the previous paragraph of this article.
Article 15: COMPLAINTS
1 The client must submit a complaint with regard to the work performed or goods delivered or delivered by the contractor or the amount of the invoice within three working days after the delivery resp. communicate the invoice date to the contractor in writing. If a scaffold or aerial platform has been used during delivery or assembly, a complaint must in any case be made for its removal.
2 In the cases referred to in the second paragraph and third paragraph of article 14, the client never has any right to formulate complaints.
3 After the expiry of the periods referred to in the first paragraph, the right to formulate complaints lapses. Any late complaint will be considered automatically rejected.
4 A complaint in no way suspends the payment obligation of the client.
5 In the event of a justified complaint, the contractor may, to the extent permitted by law, choose between (i) adjusting the amount of its invoice, (ii) improving or re-performing the rejected work and (iii) replacing or adjusting (the defective or damaged part of) the delivered goods. If necessary, the client will, at the request of the contractor, return the items to be replaced or adjusted within 5 working days to the contractor, failing which the contractor has the right to dissolve the agreement (insofar as reasonably possible).
Article 16: WARRANTY
1 The following are expressly excluded from any warranty on goods or works delivered by the contractor: normal wear and tear (including gradual discoloration, chalking and reduction in gloss), reduction of possibilities for use and decreasing compatibility due to advances in technology or otherwise, any form of damage occurring during or after the application of self-adhesive materials by the client itself, damage due to incompetent or careless use, damage arising after or as a result of changes made after delivery by the client or third parties.
2 The contractor guarantees the soundness of the construction of the delivered goods or works for a maximum period of three months after delivery, but never going beyond the warranty provided to the contractor itself by its supplier.
3 The costs of tools to be used for warranty work, such as scaffolding and aerial platforms, are in no way covered by the warranty and are for the account of the client.
4 With regard to the guarantee, only the provisions stated here apply, unless otherwise agreed between the client and the contractor in writing (including by e-mail).
Article 17: PAYMENT
1 The contractor determines the payment terms. The contractor is free to demand a down payment before commencing the execution of the assignment. If no deposit has been agreed in advance, the following applies.
Payment of the invoice amount by the client must be made within fourteen days of the invoice date, in euros, at the offices of the o_p_ contractor or by means of transfer to a bank account to be designated by the contractor, whereby payment will only be the notification from the relevant banking institution that the invoice amount has been credited to the designated account. However, payment must be made in cash on delivery if the client is a natural person who is not acting in the course of a profession or business. Payment is made net. Settlement, suspension or deduction of part of the amount owed for whatever reason is not permitted by the client.
2 The contractor is entitled, in the event of an agreed delivery in parts, after delivery of the first part, in addition to payment of this part, the contractor is also entitled to demand payment of all costs incurred for the entire assignment, such as those for designs, (printing) proofs and movies.
3 If the client has not paid in full within the term referred to in paragraph 1, he is legally in default. In such a case, all claims that the contractor has on the client are immediately due and payable and the (business) client, without notice of default and by operation of law, owes interest on this from that moment at the interest rate in accordance with the Act of 2 August 2002 on payment arrears in commercial transactions. , or – _if the client is a consumer, at the conventional interest rate of 12%, all this without prejudice to the further rights that the contractor has. In addition, in the event of late payment, automatically, without notice of default and by operation of law, the client will owe the contractor a fixed compensation for damages amounting to 15% of the principal with a minimum of EUR 75.00.
4 If the client has not paid within the term referred to in paragraph 1, the contractor may, without any formality, based on de exceptio non adimpletu contractus suspend the execution of any order pending payment of the full outstanding debt by the client.
5 All judicial and extrajudicial costs related to the collection of any claim of the contractor against the client will be borne by the client.
6 Payments to the contractor serve in the first place to settle overdue interest, the compensation clause and any other collection costs and only subsequently to discharge the longest outstanding claim (invoice).
7 The increases referred to in paragraphs 3 and 5 only replace compensation for damage caused by delay. In addition to this compensation, the contractor can claim compensation for all other damage suffered, if any.
8 If the assignment is given by or for the benefit of more than one client, all clients are jointly and severally liable for the fulfillment of the obligations as stated in this article, regardless of the name of the invoice.
Article 18: RIGHT OF RETENTION, RETENTION OF TITLE AND PLEDGE
1 The contractor is authorized not to hand over items of the client that he has in his possession, as well as those items that have been compiled or prepared by the contractor on behalf of the client to the client or to third parties, until the client has fulfilled all its obligations. has paid to the contractor.
2 The full title to goods delivered by the contractor to the client remains unconditional with the contractor until the client has fulfilled all its obligations towards the contractor arising from the assignment.
Until this moment, the client will not make any act of disposal over the aforementioned items. Constructions applied to (immovable) property are regarded by the parties as movable, unchecked property, so that the retention of title continues to apply.
3 The client grants the contractor a right of pledge on all matters and data of the client that have been brought under the control of the contractor by the client in the context of the execution of the assignment, such as additional security for all that the client in whatever capacity and may be owed to the contractor for whatever reason, including unclaimable and conditional debts.
Article 19: Miscellaneous
1. These terms and conditions may be referred to in abbreviated form as “SI'BON Sales Terms 2021”. They can be consulted and downloaded from www.sibon.be.
2. All quotations, offers, assignments and agreements and disputes arising therefrom are exclusively governed by Belgian law. Quotations, offers, orders and agreements are deemed to have been made, given, concluded and executed in Belgium.
3. The courts and tribunals of the district of Antwerp are exclusively authorized to hear disputes.