Version 29/8/2019
1. Force and acceptance of these terms
The terms & conditions outlined hereafter are valid for all transactions and interactions between Achilles Design bvba and its clients, unless otherwise agreed in writing between both parties. These terms & conditions are tacitly considered to be accepted by the client, even if they broadly or partially conflict with the client’s general or special terms & conditions. Any diversions from our terms & conditions are only valid if Achilles Design has explicitly accepted them in writing. As a consequence, Achilles Design’s tacit agreement to our client’s general terms & conditions can in no circumstance be assumed, if not explicitly agreed to in writing. Upon order confirmation, the client automatically agrees to our terms & conditions. If not explicitly specified, all amounts mentioned are excluding Belgian VAT (21%).
2. Quotations
Changes and modifications to earlier agreed project specifications may have a significant impact on project costs and/or project delivery time, and may therefore result in an additional costs for the customer. Any additional costs that result from changes and modifications of project specifications and that lead to exceeding earlier project budget estimates will be communicated to the customer for approval.
Should changing factor costs or foreign exchange swings cause an increase in earlier estimated budgets, Achilles Design reserves the right at all times to adjust its project budget accordingly. Achilles Design will also communicate any consequential changes in project pricing to the client in due course. In this case the client has the right to terminate the remainder of the project within 3 working days after being notified by Achilles.
Quotations are valid for 30 calendar days after issue date. Project planning is calculated from signing for approval of the offer. The client is free after each stage to end the cooperation. Prices for goods or services provided to customers are without cost for packaging, taxes (21%) and transport (0.50 € / km).
3. Subcontracting & prototype manufacturing
In case a project requires a dedicated external expert or an external contract manufacturer, for example, in the context of producing prototypes, Achilles will charge a 12.5% mark-up fee to be compensated for costs relating to supplier search & selection, procurement, communication, supplier management, and quality control processes, as well as possible pre-financing costs. Achilles Design reserves the right to issue an invoice to its customer with a shorter payment term in order to get reimbursed for pre-financed amounts larger than EUR 2,000.00.
4. Administrative expenses
Achilles Design will charge a general administration fee of 2% on all projects (with a minimum of EUR 30.00) to be compensated for project-related back office and administrative processes.
5. Delivery deadlines
Any communicated delivery dates are indicative and estimates only and therefore not binding. Delays in delivery can never give rise to any fine, damage claim or contract termination.
6. Transfer of ownership and risk
All designs and goods remain the property of Achilles Design bvba until full payment of principal, fees, interest and if appropriate, damage claims. The supply of production files will only be made after payment of all outstanding invoices.
7. Complaints
If damaged, incomplete, error or any other visible defect or nonconformity, the customer is obliged to refuse the goods or services or accept only under well-defined conditions in writing. Any complaint regarding the goods or services must be communicated to us by registered mail within 7 days of receipt with reference to the number of the quotation or invoice. After expiry of this period, the complaint automatically invalidates. Any complaint regarding our invoices must be given to us by registered mail within 7 days after their receipt. Failing this, they will be considered to be accepted irrevocably. A complaint can in no case justify a suspension of payment.
8. Payment terms
Invoiced amounts are payable within 14 calendar days after invoice date and upon delivery of the documents or performance and / or after finishing a stage. Projects may also be billed in monthly instalments according to the progress of the work. In case of late payment, an interest of 1% per month is charge and a compensation of 15% per invoice with a minimum of € 100. Failure to pay on the due date of an invoice, Achilles Design bvba reserves the right to suspend all deliveries without notice.
9. Jurisdiction
In case of complaints or disputes, only the court of Mechelen jurisdiction under Belgian law in the Dutch language. All costs are borne by the customer. All documents issued by Achilles Design bvba are confidential and intended for its customer only and may be forwarded and shared with third parties only after having received written consent of Achilles Design.
