- All our quotations and deliveries are subject to the General Conditions of Sale described below. By placing an order with Engage User Group, the Buyer accepts these General Conditions of Sale even if they conflict with Buyer's own purchasing conditions. Any variation from the General Conditions of Sale must be accepted in writing by Engage User Group.
- Arrangements and promises, varying from these conditions of sale or otherwise, made by representatives or personnel of Engage User Group are only valid when confirmed in writing by Engage User Group.
- Barring provisions to the contrary and assignments under our own management, all prices mentioned in the quotation are subject to the estimated time needed for the execution of the order. The prices are net prices and must be increased by VAT and all other costs imposed by the authorities. Extra costs in addition to services provided are not included in the prices and are charged separately.
Although the agreed delivery times will be adhered to to the extent possible, Engage User Group refuses any liability due to non-delivery or delayed delivery. A delay in delivery can under no circumstances give the right to the cancellation of an order and no compensation whatsoever can be claimed.
- Act of God, however this may originate, relieves Engage User Group of any delivery obligations.
- Complaints with respect to the services supplied must be submitted in writing within five days of the provision of the services. They do not relieve the Buyer of the agreed payment obligations within the period stipulated in the conditions of sale. If a complaint appears to be well-founded, Engage User Group will make this known to the Buyer and thereby be entitled to credit the Buyer with a maximum of 50% of the invoice value of the disputed project, without any other or increased damage compensation being considered. Any complaint with respect to our invoices must be submitted to us by registered mail within ten days of receipt. In the absence of this, invoices will be regarded as accepted without any reservation.
- In view of our capacity of intermediary, the warranty provided for goods supplied by us is limited to the warranty provided by the manufacturer. In no case whatsoever do we guarantee that the software and hardware supplied is able to solve a specific problem particular to the activity of the user. The warranty solely covers physical defects of the supplied goods, and our responsibility is limited to at most replacing any defective parts. The granting of the warranty assumes that the goods supplied are used in conformity with the instructions. We cannot be held liable to pay any compensation to the user or third parties because of the consequences of use of the goods supplied, nor because of direct or indirect damage (e.g. resulting from loss of or damage to data registered by the user), nor because of accidents to persons or damage to real estate, nor loss of profit.
- Engage User Group or third parties from who Engage User Group has obtained permission for licences remains the owner of all intellectual and other proprietary rights for all software and other materials at all times. Unless agreed otherwise, the client obtains the non-exclusive right to internally use all results provided by Engage User Group without limitation of time or space within his legal entity and related legal entities.
The client will only use the results supplied for matters which directly concern him or his organisation, and not make them directly or indirectly available to, or have them used by third parties. Engage User Group emphasizes that no right of use whatsoever is granted for any tools or resources which Engage User Group uses and which could be useful or even indispensable to the client for the further use of the supplied results, unless a separate licence or other agreement is concluded to this end the with associated remuneration.
- The goods/services supplied remain the exclusive property and unalienable possession of Engage User Group up until the time of full payment of all amounts due. The Buyer bears full responsibility for the goods/services with regard to destruction/damage and disappearance. In the event of late payment by the Buyer, the goods/services supplied can be immediately reclaimed by Engage User Group without prior summation and/or notice of default.
- Payments must be made according to the indicated payment conditions. After the due date, interest of 1.5% per month of the outstanding sum becomes payable, starting from the invoice date and this ipso jure and without notice of default. If the Buyer fails in his payment obligations, Engage User Group is not bound to provide further deliveries, and Engage User Group may proceed with the dissolution of the agreement and claim damage compensation.
Collection costs and return costs for receipts and bills of exchange are to be paid by the Buyer.
- The Buyer is not entitled to apply setting off with respect to Engage User Group or its legal successors for claims by virtue of deliveries according to the General Conditions of Sale.
- A Buyer who has not settled an invoice by the due date explicitly binds himself to, in addition to the main outstanding sum, pay interest and any legal costs as compensation to Engage User Group or its legal successors to an amount equal to 15% of the invoice sum with a minimum of 50 EUR. This is payable ipso jure and without notice of default.
- With the cancellation of an order by the Buyer, the latter becomes owing Engage User Group compensation of 25% of the cancelled order, without Engage User Group being bound to provide evidence of any losses.
- Should the Buyer not have received our General Conditions of Sale in his native language, he is still bound by their application.
- Non-payment by its due date of one single invoice results in the due balance of all other invoices, even if not yet due, becoming ipso jure and immediately payable.
- If the Buyer neglects to comply with his obligations, the sale will be cancelled ipso jure and without notice of default. Notification by registered mail of this declaration of intention from Engage User Group will suffice.
- Any disputes originating between Engage User Group and the Buyer will be brought before a law court indicated by Engage User Group or by its legal successor, to the extent this is allowed by law. Belgian law is applicable to this agreement.
- Invoices are payable in the currency of invoicing.