EASYMATIC
GENERAL TERMS AND CONDITIONS
1. General
1.1 These general terms and conditions apply to all quotations, orders and agreements
concluded with BV Easyrack with company number 0841.952.278 (hereinafter called
Easyrack), with the exception of any deviating conditions agreed in writing between Easyrack
and the customer. The conditions are accessible to everyone and included on Easyrack's
website (see www.Easyrack.be). A written copy will be sent upon simple request from the
customer.
1.2 The customer is deemed to accept these general terms and conditions without reservation
by the mere fact of placing an order. These conditions take precedence over any conditions of
the customer. In the relationship between Easyrack and the customer, art. 5.23, third
paragraph of the New Civil Code shall not be applicable, such that the customer can never
invoke that in addition to Easyrack's general terms and conditions, the customer's general
terms and conditions would also be applicable, even if the customer's general terms and
onditions would not be contradictory to Easyrack's general terms and conditions.
2. Prices
2.1 Prices will not be increased during the validity period of the offer, unless legal measures
make this necessary or if the manufacturer implements interim price increases.
2.2 All stated prices are subject to printing and typographical errors. No liability is accepted
for the consequences of printing and typographical errors.
2.3 All prices on the site are in EUROS and exclusive of 21% VAT.
3. Delivery of goods
3.1 Delivery takes place while stocks last.
3.2 Easyrack's delivery obligation shall, unless proven otherwise, be fulfilled as soon as the
goods delivered by Easyrack have been offered to the customer. When delivered to the
customer's address, the carrier's report containing the refusal of acceptance serves as
complete proof of the offer to deliver.
3.3 All stated delivery times are indicative. The mentioned terms therefore do not bind
Easyrack and cannot give rise to compensation on behalf of Easyrack.
4. Delivery of services
4.1 If unforeseen additions and/or changes are still necessary after the customer has signed a
quotation in order to correctly realize the planned work to be carried out, then Easyrack will
invoice these additions and/or changes additionally on a time-and-materials basis to the customer
4.2 If the customer still wishes certain additional work after signing a quotation, then this
additional work will always be the subject of an additional quotation, unless the agreement
for this additional work is confirmed via fax or email.
4.3 If the customer wishes to refrain from carrying out certain work after signing a quotation,
and insofar as Easyrack agrees to this, the customer will be obliged to pay compensation
equal to 30% of the quotation price of the work no longer carried out.
4.4 The possibly stated start date and end date of the work, as well as the possibly stated
execution period of the work is always indicative, unless otherwise determined in Easyrack's
quotation.
4.5 The possibly stated delivery time for the delivery of goods is always indicative, unless
otherwise determined in Easyrack's quotation.
4.6 Easyrack accepts no liability in case of delay in the execution of work and/or in the
delivery of goods.
4.7 The customer undertakes to do what is necessary so that the work spaces are sufficiently
lit, heated and cleaned and so that the work to be carried out on site can proceed well and
undisturbed. Closure of the premises to third parties must be possible. The walls must be
sufficiently dry.
4.8 Easyrack is in no case liable for causing damage to:
- non-visible pipes etc. in the customer's buildings or for worsening non-visible defects in
the customer's buildings
- materials that are not delivered by Easyrack but that must be installed or manipulated by
Easyrack.
4.9 The permission that the customer gives to Easyrack so that Easyrack can start its work
implies with regard to Easyrack that the customer accepts the work of the previous
contractors, so that carrying out Easyrack's work will not bring any responsibility for Easyrack
regarding the work of the previous contractors, even if the customer's specifications would
contain a contradictory clause.
5. Payment of invoices
5.1 All invoices are payable in cash at Easyrack's registered office, net and without any
discount.
5.2 All invoices that were not paid on the due date automatically and without prior notice of
default incur a default interest of 12% per year. In case of non-payment on the due date, the
amount of the unpaid invoices will moreover be increased by operation of law with a penalty
clause of 10% with a minimum of €75 without a prior notice of default being necessary.
5.3 Failure to pay on the due date of an invoice automatically results in the forfeiture of the
payment deferral granted for other deliveries and makes all non-due invoices immediately
and by operation of law claimable.
5.4 During the execution of an order, Easyrack may always demand guarantees to secure
payment of the price. If the customer cannot provide the requested guarantees, Easyrack
reserves the right to take all measures it deems necessary to secure its interests.
5.5 Any complaints regarding invoices must be made by registered mail at the customer's
expense within eight days of receipt of the invoice to be accepted. After the expiry of this
period, no more complaints can be accepted and the invoice is deemed to be accepted.
6. Protection of privacy
6.1 If you place an order with Easyrack, your data will be included in Easyrack's customer file.
Easyrack complies with the Personal Data Protection Act and will not provide your data to
third parties (see our Privacy Policy).
6.2 Easyrack respects the privacy of users of the website and ensures confidential treatment of
your personal data.
6.3 Easyrack sometimes uses a mailing list. Each mailing contains instructions to remove
yourself from this list.
7. Warranty
7.1 Easyrack guarantees that the delivered product corresponds to the agreement and meets
the specifications stated in the offer. Easyrack guarantees that the products it delivers meet
the requirements of usability, reliability and durability as reasonably intended by the parties
to the agreement, and thereby stands for the factory warranty of the product delivered to the
customer.
7.2 Easyrack's warranty period corresponds to the factory warranty period. However, Easyrack
is never responsible for the ultimate suitability of the goods for any individual application by
the customer, nor for any advice regarding the use or application of the goods.
7.3 The customer is obliged to check the delivered goods immediately upon receipt. If it
appears that the delivered item is wrong, defective or incomplete, then the customer must
immediately report these defects in writing to Easyrack (before proceeding to return to Easyrack).
Complaints regarding non-conformity and/or visible defects are therefore no longer
admissible after delivery and acceptance of the goods.
Complaints regarding hidden defects are only admissible if they are reported by registered
letter and in a motivated manner within a period of 72 hours after discovering them, and this
at the latest within a period of 3 months from the delivery of the goods.
Return of the goods can only be done after prior written agreement from Easyrack and must
be done in the original packaging (including accessories and accompanying documentation)
and in new condition. Use after establishing a non-conformity and/or defect, damage arising
after establishing a non-conformity and/or defect, encumbrance and/or resale after
establishing a non-conformity and/or defect, causes this right to complain and return to lapse
entirely.
7.4 Filing a complaint does not release the customer from their payment obligation in any case.
7.5 If customer complaints are found to be justified by Easyrack, Easyrack will at its own
discretionary choice either replace the delivered goods free of charge or reach a written
settlement with the customer regarding compensation, with the understanding that
Easyrack's liability and the amount of compensation is always limited to at most the invoice
amount of the relevant goods excluding VAT, or (at Easyrack's choice) to the maximum
amount covered by Easyrack's liability insurance in the relevant case. Any liability of
Easyrack for any other form of damage is excluded, including additional compensation in any
form, compensation for indirect damage or consequential damage or damage due to lost
profit.
7.6 Easyrack is not liable for damage caused by intent or equivalent deliberate recklessness of
non-managerial personnel.
7.7 Easyrack's warranty obligations do not apply in the following cases:
A) as long as the customer is in default towards Easyrack;
B) if the customer has repaired and/or processed the delivered goods themselves or had them
repaired/or processed by third parties;
C) if the delivered goods have been exposed to abnormal conditions or are otherwise handled
carelessly or treated contrary to Easyrack's instructions and/or the user instructions on the
packaging;
D) if the defectiveness is wholly or partially the result of regulations that the government has
imposed or will impose regarding the nature or quality of the materials used;
7.8 Insofar as the customer requests Easyrack to produce and deliver certain articles according
to a drawing, model and/or specifications as supplied by the customer, Easyrack accepts no
liability if the articles produced and delivered at the customer's request constitute an
infringement of third parties' intellectual property rights. In such cases, the customer
undertakes to indemnify Easyrack at first request and without limitation for any liability that
Easyrack would incur at the demand of third parties due to infringement(s) of these third
parties' intellectual property rights.
8. Offers
8.1 Offers are non-binding, unless otherwise stated in the offer.
8.2 Upon acceptance of a non-binding offer by the customer, Easyrack reserves the right to
revoke the offer or deviate from it within 3 working days of receipt of that acceptance.
8.3 An agreement between Easyrack and a customer is concluded after an order has been
assessed for feasibility by Easyrack. Oral commitments therefore only bind Easyrack after
they have been expressly and written confirmed. Easyrack reserves the right to, without
giving reasons, not accept orders or assignments or to accept them exclusively on the
condition that shipment takes place cash on delivery or after advance payment.
8.4 Easyrack's offers do not automatically also apply to repeat orders.
8.5 Easyrack cannot be held to its offer if the customer should have understood that the offer,
or a part thereof, contained an obvious mistake or error.
8.6 Additions, changes and/or further agreements are only effective if agreed in writing.
9. Images and specifications
All images, photos, drawings etc., including but not limited to data concerning weights,
dimensions, colors, images of labels, etc. on Easyrack's website are only approximate, are
indicative and cannot give rise to compensation or dissolution of the agreement.
10. Force majeure
10.1 Easyrack is not liable if and to the extent that its obligations cannot be fulfilled due to
force majeure.
10.2 Force majeure means any foreign cause, as well as any circumstance that reasonably
should not be at Easyrack's risk. Delays by or non-performance by suppliers, Internet
disruptions, electricity disruptions, email traffic disruptions and disruptions or changes in
technology supplied by third parties, transport difficulties, strikes, government measures,
delays in supply, negligence by Easyrack's suppliers and/or manufacturers as well as
auxiliaries, illness of personnel, defects in auxiliary or transport means are expressly
considered force majeure.
10.3 In case of force majeure, Easyrack reserves the right to suspend its obligations and is also
entitled to terminate the agreement by operation of law and without prior notice of default in
whole or in part, or to demand that the content of the agreement be changed in such a way
that execution remains possible. In no case is Easyrack obliged to pay any penalty or
compensation.
10.4 If Easyrack has already partially fulfilled its obligations when force majeure occurs, or
can only partially fulfill its obligations, it is entitled to invoice the already delivered or
deliverable part separately and the customer is obliged to pay this invoice as if it were a
separate contract. However, this does not apply if the already delivered or deliverable part has
no independent value.
11. Liability
Easyrack is not liable for damage to vehicles or other objects caused by incorrect use of the
products. Read the instructions on the packaging before use and/or consult our website.
12. Transfer of risk and ownership
12.1 The responsibility and risk regarding the purchased goods transfer to the customer upon
concluding the agreement. However, the goods sold and delivered to the customer remain the
property of Easyrack as long as the customer has not fulfilled its obligations arising from the
agreement or earlier or later similar agreements, and as long as the customer has not yet
satisfied Easyrack's claims due to the customer's shortcomings regarding the fulfillment of
such obligations, including claims for penalties, interest and costs.
12.2 The customer is not authorized to sell, pledge or otherwise encumber the goods falling
under the retention of title as long as the sale price has not been fully paid.
12.3 The customer already gives unconditional and irrevocable permission to Easyrack or a
third party to be appointed by Easyrack to, in all cases where Easyrack wants to exercise its
ownership rights, enter all those places where its property will then be located and take those
items there.
12.4 If third parties seize the goods delivered under retention of title or want to establish or
assert rights thereon, the customer is obliged to inform Easyrack of this as quickly as can
reasonably be expected. In case of conservatory or executory seizure at the customer's
expense on goods on which Easyrack still enjoys a retention of title, the customer undertakes
to provide Easyrack with a copy of the relevant seizure writ no later than 3 calendar days after
such seizure so that Easyrack will still have the opportunity to file a revendication claim
against the seizing party for recovery of the goods under retention of title. If the customer
does not fulfill this obligation and the seized goods under retention of title would still be sold
without Easyrack being able to file a revendication claim, the customer will be obliged to pay
Easyrack, in addition to the possibly still outstanding sale price of these goods, additional
compensation equal to 30% of the sale value of the executed goods.
12.5 The customer undertakes to insure and keep insured the goods delivered under retention
of title against fire, explosion and water damage as well as against theft and to make available
the policy of this insurance for inspection by Easyrack upon first request.
12.6 The drawings and technical descriptions provided remain the exclusive property of
Easyrack. They may not be used, copied, reproduced, transmitted to or brought to the
attention of third parties by the customer without written permission.
13. Non-performance of obligations by customer
In case the customer, for whatever reason, would not fully fulfill its obligations, Easyrack has
the right to, by operation of law and without notice of default, either suspend all its
obligations, or dissolve the contract in question or any other agreement in whole or in part. In
this case, the customer is by operation of law obliged to return the already delivered goods
and to pay compensation of which the minimum is forfeit set at 30% of the purchase price,
with additional damage to be proven by Easyrack.
14. Limitation period
All claims against Easyrack, for whatever reason, expire after 6 months from delivery. This
period cannot be suspended and can only be interrupted by legal action.
15. Exclusion of unforeseeability doctrine
The customer may never invoke against Easyrack the possibility as provided in art. 5.74 New
Civil Code to ask Easyrack to renegotiate the contract with a view to its adaptation or
termination.
16. Exclusion of price reduction
Deviating from art. 5.83 New Civil Code, the customer will not have the right to price
reduction against Easyrack in case of attributable non-performance by Easyrack. The
customer will be able to request application of the other sanctions as provided in art. 5.83 New
Civil Code, always within the limitations as included in these general terms and conditions.
17. Exclusion of extra-contractual liability
17.1 Deviating from article 6.3 §1 of the New Civil Code, the legal provisions regarding extra-
contractual liability will not apply in the relationship between the customer and Easyrack.
Therefore, the customer will not be able to make any claim against Easyrack based on extra-
contractual liability.
17.2 Deviating from article 6.3 §2 of the New Civil Code, the legal provisions regarding extra-
contractual liability will not apply in the relationship between the customer and Easyrack's
auxiliaries. Therefore, the customer will never be able to file a claim based on extra-
contractual liability against Easyrack's auxiliaries. "Easyrack's auxiliaries" includes, among
others, staff members, independent service providers, subcontractors, managers, directors,
directors and agents of Easyrack, but without this list being considered limiting. The term
"auxiliary" is thus interpreted according to the broadest interpretation of the concept
"execution agent" as it already existed in case law and doctrine prior to the entry into force of
Book 6 of the New Civil Code.
18. Applicable law/competent court
18.1 Belgian law applies to all agreements between the customer and Easyrack, excluding the
Convention of 11 April 1980 on the law for the international sale of movable tangible goods.
18.2 The competent court within the Ghent district takes cognizance of disputes arising from
an agreement between Easyrack and the customer, which cannot be resolved by mutual
agreement, unless Easyrack prefers to submit the dispute to the competent court of the
customer's place of residence, and with the exception of those disputes that belong to the
competence of the justice of the peace.
19. Nullity
The possible nullity of one or more provisions of these conditions does not affect the
applicability of all other clauses.
20. Subordination
Any translated version of the original Dutch version of Easyrack's General Terms and
Conditions is subordinate to the Dutch versions. In case of translation dispute, the original
Dutch version will take precedence over all translated versions.