1. Unless agreed otherwise, all realizations, services and deliveries are subject to these terms and conditions, which take precedence over any terms and conditions of the buyer. The full text of the general terms and conditions are integral part of our offers, sales or any agreement concluded. Unless explicitly expressed, and contrary to any provision, the buyer shall be deemed to have taken notice of the terms and conditions and has accepted all the clauses. By issuing the order and accepting delivery of the goods and/or the services the buyer confirms it’s agreement with these terms and conditions. The conditions also apply for any service or realizations ordered by the same buyer at a later date.
2. By signing the order the buyer accepts these terms and conditions.
3. Deviations from these general conditions are only possible by written permission.
4. Only written offers are binding and valid subject a confirmed written order is received within 30 calendar days of the offer. Orders can be explicitly or implicitly accepted by Imstrat Comm V. Silence acceptance can only derived from the execution of the order.
5. Orders are firm upon receipt of a deposit of one third of the total sum.
6. On termination of a sale by the purchaser, the deposit will be considered as compensation for the costs in progress or already incurred, regardless of the possibility of full implementation of the agreement by Imstrat Comm V.
7. Delivery time of services are established by mutual agreement between buyer and seller. The seller will advise the purchaser as soon as possible in case of deviations.
8. If the order for one reason or the other can’t be completed, the seller will advise the buyer as soon as possible, and in concert with the buyer will try to find a solution or an alternative. The purchaser hereby makes no claim for compensation. In case of force majeure, i.e. in case of events beyond our control or for which we (partially) have no control, the seller is exempt from execution.
9. The seller, if he deems it appropriate, may have the service and/or the performance of it’s obligation executed by any other legal person in his place to fulfill the contract.
10. Training, training materials, models, concepts and other documents prepared or developed remain the intellectual property of Imstrat Comm V. These and other documents from the services provided, may not be transferred, reproduced or published in any way without prior written permission.
11. All the invoices, unless otherwise explicitly agreed, are reimbursed (within 10 calendar days after the invoice date) in Leuven. The lack of written protest of an invoice within 5 working days from the dispatch, results in the irrevocable acceptance of the invoice and the services listed.
12. In case of non-payment on the due date the amount due will automatically and legally be increased by 15% with a minimum of € 125, subject to any other costs related to conventional penalty clauses and this without any prior notice from the due date of the invoice (art . 1147 and 1152 Civil Code)
13. In case of dispute of any kind payments may not be suspended.
14. All complaints must be notified within 8 calendar days after the invoice date. Filing a complaint does not relieve the buyer of his obligations.
15. Except in cases of intent or gross negligence and without prejudice to the other provisions of these terms and conditions, the liability of Imstrat Comm V, whatever reason, is limited to the net selling price of the realizations, services and supplies provided. In any case, the period where Imstrat Comm V is liable for damages is limited to 6 months. Only our terms and conditions are binding to all parties. The buyer is deemed to accept the terms by the fact of placing an order. No exceptions stated in letters, documents or purchasing conditions of the buyer may prevail over these terms, unless explicitly confirmed by us.
16. Not falling under the responsibility of Imstrat Comm V are mistakes by third parties resulting that the services and/or products performed or delivered by Brewtwins bvba would result in a loss of quality or possibly would give reason to demand for an additional compensation. Any further liability in respect to defects or deficiencies is excluded (for example, all direct and indirect damage caused by the service provided, financial or commercial loss, lost profits, increase in general costs, failure of planning, loss of anticipated profits, capital, customers, etc.).
17. In the following cases, the seller may see the contract as terminated, without notice and without judicial intervention being required, and without prejudice to its right to compensation: if the buyer is insolvent and does not fulfill its financial obligation; if the buyer is declared bankrupt or is under liquidation, if he has filed for protection from his suitors, if (a part of) his property is impounded, if the buyer fails to fulfill his obligations or reaction on failing his obligations despite a notification given within the eight days.
18. Failure to exercise any of its rights by the seller is not a waiver or forfeiture of this right, and will give no prejudice to any other right of Imstrat Comm V under the agreement.
19. The offices of Imstrat Comm V in Leuven or any location that Imstrat Comm V uses in the implementation of its activities are at own risk.
20. Any dispute will be addressed at the courts of Leuven according to Belgian law.
21. All court and lawyer costs are borne by the buyer.
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